Understanding Orders of Protection in Arizona

In the realm of family law, orders of protection serve as crucial legal instruments designed to safeguard individuals from domestic violence and harassment. In Arizona, these orders play a significant role in family law cases and can have far-reaching consequences for all parties involved. Let’s delve into the intricacies of orders of protection in Arizona, exploring their purpose, requirements, and implications.

What is an Order of Protection?

An order of protection, often referred to colloquially as a restraining order, is a court-issued document that prohibits an individual from harassing, threatening, or committing acts of violence against another person. In Arizona’s legal system, these are specifically termed “orders of protection” rather than restraining orders

Key Components of an Order of Protection

• • Prohibits contact with the protected person
  • May restrict access to shared residences
  • Can include protection for children
  • May limit firearm possession

Qualifying for an Order of Protection

To obtain an order of protection in Arizona, two primary criteria must be met:

1. Relationship Requirement

The parties must have a specific type of relationship, such as:

• • Married or divorced couples
  • People who live or have lived together (including roommates)
  • Individuals who have a child in common
  • Blood relatives or in-laws
  • Romantic partners

2. Domestic Violence Criteria

The petitioner must demonstrate that:

• • The other person has committed an act of domestic violence within the past year, or
  • The other person is likely to commit an act of domestic violence

The Process of Obtaining an Order of Protection

1. 1. File a petition at a city or county court
   2. Provide detailed information about the alleged domestic violence
   3. Appear before a judge or commissioner
   4. Receive a decision: granted, denied, or scheduled for further hearing

Many courts provide computer terminals where petitioners can input their information and allegations. Sometimes this can be completed online. Maricopa County has an online system to complete your petition. This system generates a petition that is then reviewed by a judge or commissioner.

Potential Outcomes of Filing for an Order of Protection

When presenting your case to a judge or commissioner, three primary outcomes are possible:

1. 1. The order is granted immediately
   2. The petition is denied due to insufficient evidence or lack of qualifying relationship
   3. A hearing is scheduled to gather more information, allowing the other party to present their side

Impact on Family Law Cases

Orders of protection can significantly affect ongoing family law proceedings:

• • They can override existing custody orders
  • May influence future custody decisions
  • Can complicate parenting time arrangements

It’s crucial to file for an order of protection in the superior court if there’s an existing family court case, as this ensures all related matters are handled in the same jurisdiction

Legal Implications of Violating an Order of Protection

Violating an order of protection is a serious offense in Arizona:

• • It’s classified as a Class 1 misdemeanor
  • Can result in arrest and criminal charges
  • May have severe consequences in family court cases

Firearm Restrictions

An often-overlooked aspect of protective orders is their potential to restrict firearm possession. This can have significant implications for individuals whose professions require carrying a firearm, such as law enforcement officers, armed security guards, or military personnel

Child Protection Provisions

Orders of protection can extend to cover children, which is particularly relevant in family law cases. These provisions can:

• • Prohibit the restrained party from contacting or approaching the children
  • Override existing custody orders for safety reasons
  • Significantly impact parenting time arrangements

It’s important to note that while an order of protection is not a custody order, it can supersede existing custody arrangements for the duration of the order.

Conclusion

Remember, while protective orders serve an important purpose in protecting victims of domestic violence, they must be used responsibly and in accordance with Arizona law. If you’re involved in a situation where an order of protection may be necessary or has been filed against you, consult with a qualified legal professional to understand your options and rights.

Order of Protection FAQs