Orders of Protection in Arizona: How They Work and How to Get One

When someone in your family or household threatens your safety, Arizona law gives you a fast, free way to ask a court to make it stop — an order of protection. It can order the other person to stay away from you, leave a shared home, surrender firearms, and avoid all contact, and it can be issued the same day you file, often without the other person present. Orders of protection intersect closely with divorce and custody cases, and getting one (or responding to one) can shape a family law matter significantly. This guide explains what an order of protection does, who can get one, how the process works, and how it connects to the rest of a family law case. Available 24/7 • Free confidential consultations • (480) 725-2257

What an order of protection in Arizona does

An order of protection (governed by A.R.S. § 13-3602) is a court order restraining someone from committing an act of domestic violence against you. Depending on what you request and what the court grants, it can:

• Prohibit all contact — the defendant can’t call, text, email, or come near you
• Order the defendant to stay away from your home, workplace, school, and other specified places
• Grant you exclusive use of a shared residence — removing the other person from the home if there’s reasonable cause to believe physical harm may otherwise result
• Require the defendant to surrender firearms in appropriate cases
• Protect other designated people, such as your children

It’s an official court order. If the defendant violates it, they can be arrested and prosecuted.

Who can get one: the relationship requirement

An order of protection is specifically for domestic situations — there has to be a qualifying relationship between you and the person you’re seeking protection from. Under Arizona law, that includes:

• A current or former spouse
• Someone you live with now or lived with before
• Someone you have a child in common with (whether or not you were ever married or lived together)
• A parent, grandparent, child, or other close relative (including in-laws)
• Someone you’re in or were in a romantic or sexual relationship with

How to get an order of protection

1. Prepare the petition. Arizona offers AZPOINT, a free web-based tool that walks you through filling out the petition before you go to court. You describe the relationship and the specific acts or threats of domestic violence.
2. File it — for free. There’s no filing fee and no fee for service. You can file at any Superior, Justice, or Municipal Court, regardless of where you or the defendant lives — with one key exception below.
3. The judge reviews it, often the same day. A judicial officer reviews your petition (and any evidence, including screenshots of threatening texts or messages) and decides whether there’s reasonable cause to believe the defendant may commit, or has committed, an act of domestic violence. Many orders are issued ex parte — meaning without the defendant present — the same day.
4. Service on the defendant. The order isn’t valid until the defendant is served with a copy. Law enforcement can serve an order of protection, and service has priority.
5. The defendant can request a hearing. Once served, the defendant is entitled to one hearing to contest the order, held quickly (generally within about 10 days of the request). This is where having representation matters for both sides.

How long it lasts

An order of protection is effective when the defendant is served and, under current law, expires two years after service. If it isn’t served on the defendant within one year of being issued, it expires. The two-year duration is longer than it used to be — orders served before late September 2022 lasted only one year — so confirm the current duration when you file.

Orders of protection and your family law case

This is where an order of protection becomes especially significant, and why it lives in family law rather than just criminal law:

• Custody impact. Arizona family courts are required to consider domestic violence when deciding legal decision-making and parenting time. An active or past order of protection creates a record that can weigh heavily against the other parent getting joint decision-making or unsupervised parenting time.
• Exclusive use of the home. An order can remove an abusive spouse from the shared residence — often a critical immediate need at the start of a divorce.
• It cuts both ways. Because an order of protection carries such weight in custody, being wrongly named in one is serious — a defendant should take it seriously and request a hearing, not ignore it.

Frequently asked questions

How much does an order of protection cost in Arizona?

Nothing to file. Arizona charges no fee to file the petition and no fee for service of process. You also don’t need an attorney to file — though given the stakes, especially where custody or a divorce is involved, having one is wise.

What’s the difference between an order of protection and a restraining order?

In Arizona, “restraining order” isn’t a precise legal term — people use it loosely. The actual Arizona orders are the order of protection (for domestic relationships, A.R.S. § 13-3602) and the injunction against harassment (for non-domestic situations, A.R.S. § 12-1809). Which one you need depends on your relationship to the other person.

Can I get an order of protection without the other person knowing first?

Often yes. Many orders are issued ex parte — the judge reviews your petition and can issue the order the same day without the defendant present. The defendant then gets notice when served and can request a hearing to contest it.

Can an order of protection be used against me in a custody case?

Yes. Arizona family courts must consider domestic violence in custody decisions, so an active or past order of protection can be used to argue against you having joint decision-making or unsupervised parenting time. This is exactly why, if you’ve been served with one you believe is unwarranted, you should request a hearing and get advice rather than let it stand unchallenged.

Can I include my children in the order?

Yes. Children and other specifically designated people can be protected persons under the order. If a minor needs protection, a parent, guardian, or custodian typically files on their behalf.

What happens if the other person violates the order?

Violating an order of protection is a crime. Law enforcement can arrest the defendant, with or without a warrant, if there’s probable cause they violated the order. Keep a copy of the order with you and call the police if it’s violated.

Related Family Law Guides

• How Divorce Works in Arizona
• Legal Decision-Making vs. Parenting Time
• Modifying Family Court Orders
• Arizona Family Law — Full Overview