Restraining Orders

For the purposes of getting an order of protection, Arizona law defines “domestic violence” as the occurrence of one or more of the following acts:

• assault or aggravated assault, such as hitting or kicking you;
• threatening or intimidating you, as defined by law;
• sexual assault;
• use of an electronic communication to terrify, intimidate, threaten or harass;
• harassment or aggravated harassment;
• stalking;
• surreptitious photographing, videotaping, filming or digitally recording or viewing, which the law defines as photographing, videotaping, recording, or secretly watching you without your consent:
  • while you are in a private place, such as a bathroom or bedroom, and doing a private act, such as urinating or having sexual intercourse; or
  • while your breasts, buttocks, or genitals are exposed in a way that they are not normally exposed in public;
• the unlawful distribution of nude/sexual images of you/your child;
• endangerment - placing you at risk of immediate death or physical injury;
• unlawful imprisonment;
• kidnapping;
• criminal trespass in the 1^st, 2^nd, and 3^rd degrees;
• criminal damage;
• interfering with judicial proceedings;
• custodial interference;
• negligent homicide, manslaughter, and murder in the 1^st degree or 2^nd degree;
• cruelty to animals, but only if it involves:
  • intentionally causing cruel neglect or abandonment of a pet in that person’s care that results in serious physical injury to the animal;
  • intentionally causing any animal to suffer cruel mistreatment;
• preventing or interfering with the use of a telephone in an emergency, as described in subsection (a)(3) of the law;
• aggravated domestic violence, as defined by law;
• abuse to a vulnerable adult or child;
• dangerous crimes against children, as defined by law; and/or
• disorderly conduct but only if it involves:
  • fighting, violent, or seriously disruptive behavior;
  • making unreasonable noise;
  • recklessly handling, displaying or discharging a deadly weapon or dangerous instrument;
  • using abusive or offensive language or gestures to someone in a way that is likely to provoke that person to take immediate physical retaliation.¹

Note: For the act to be considered domestic violence, you must have a specific relationship with the abuser, which is explained in Who can get an order of protection?

To read the legal definitions of these crimes, you can go to our Selected Arizona Statutes page.

¹ A.R.S. § 13-3601(A)

In an order of protection, a judicial officer can order:

• the abuser not to commit any of the offenses included as domestic violence;
• the abuser to have no contact with you or with anyone else named in the order, which could include telephone calls, texts, letters, messages through someone else, personal contact, etc.;
• the abuser to stay away from your residence, place of employment, and school or those of anyone else named in the order;
• one party to have exclusive use of a home shared by you and the abuser if there is reasonable cause to believe that the abuser may cause you physical harm;
• law enforcement to accompany a party to a shared home to get his/her belongings;
• the abuser to turn in any firearms in his/her possession to law enforcement and not possess firearms;
• the abuser to stay away from and not harm any animal owned by you, the abuser or a minor child in either of your homes, and award you care and custody of the animal;
• other relief that is appropriate and necessary for your protection and the protection of anyone else specifically named in the order; and
• the abuser to complete a domestic violence offender treatment program or any other program deemed appropriate by the court - however, this part of the order to do treatment can only be included as part of a final order, not a temporary order.¹

Note: If as part of a final order, the judge grants you exclusive use of the home and you later move out of the home, you must file a notice in writing with the court within five days after moving out of the home. The court will give notice to the abuser so that the abuser could request a hearing to be allowed back into the home.²

¹ A.R.S. § 13-3602(G)
² A.R.S. §§ 13-3602(G)(2)

You do not need an attorney to file for an order of protection. However, it may be helpful to have one, especially if the abuser requests a hearing.  For more information, see Will I have to face the abuser in court?

You will find information on legal assistance and domestic violence organizations under the Places that Help tab at the top of this page.  You might also want to check the AZ Download Court Forms page to see which forms you may have to fill out in court.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

You may or may not have to face the abuser in court. A judge can issue you an order of protection without a full court hearing and without the abuser present. To determine whether the order requested should be issued without a further hearing, the judge will review:

• your petition;
• any other “pleadings,” which are documents in which either party makes or responds to allegations; and
• any evidence offered by you, including any evidence of harassment by electronic contact or communication.¹

If the judge issues you an order of protection without the abuser present, the abuser will be served with a copy of the order of protection against him/her. Your order will go into effect as soon as s/he is served with a copy of the order. Your order will last for two years from when the abuser is served.²

The abuser has the right to request a hearing at any time during the year your order is in effect to ask the judge to change of cancel the order of protection. If s/he does request a court hearing, you must attend that hearing and you may have to face the abuser in court. If you do not go to the hearing, a judge may dismiss your order of protection, also known as “quashing the order”.³

If the abuser does not request a court hearing, you might not have to go back to court. However, you may have additional court hearings if you want to change your order of protection or if the abuser violates the order. The abuser may come to those hearings.

Note: If the judge does not give you the order of protection when you file your petition, the judge could set the case down for further court hearings in order to decide whether or not to issue the order of protection. If this happens, a hearing may be scheduled within ten days and the court will notify the abuser of the court date.⁴ The abuser has a right to appear in court for the hearing date(s) to fight against the order being issued.

¹ A.R.S. § 13-3602(E)
² A.R.S. § 13-3602(N)
³ A.R.S. § 13-3602(L)
⁴ A.R.S. § 13-3602(F)

In counties with a population of 150,000 or less, there isn’t a requirement to provide emergency orders of protection after court hours. However, protection may be available through a registered release order. Within 24 hours of a person’s arrest for a domestic violence offense, the court must send a certified copy of his/her release order to the local sheriff’s office. In the release order, there are conditions that the abuser must comply with and these conditions can be made to protect you from the abuser.

Each sheriff’s office keeps copies of release orders. The police can tell you where you can find the abuser’s release order to learn what conditions were placed on him/her.¹

A release order can also be also issued if the abuser is arrested for violating an order of protection.²

¹ A.R.S. § 13-3624(B)
² A.R.S. § 13-3602(S)