How do I get a restraining order in Arizona?
Arizona uses 'Order of Protection' for domestic relationships and 'Injunction Against Harassment' for everyone else.
1. Types of Protective Orders
2. Eligibility
OOP requires qualifying relationship under § 13-3601: marriage/former marriage, residing/formerly residing together, parent of common child, related by blood/court order, pregnancy by defendant, or romantic/sexual relationship. IAH requires no relationship — for harassment by neighbors, strangers, coworkers.
3. Filing
File in any municipal, justice, or superior court. No filing or service fee for OOP (§ 13-3602(A)). Statewide forms via Arizona Judicial Branch (azcourts.gov). AZPOINT online petition system available.
4. Emergency / Ex Parte
Issued same day on showing of "reasonable cause to believe" defendant committed an act of domestic violence within preceding year (§ 13-3602(E)) or threats establish ongoing danger. Emergency OOP via § 13-3624 available 24/7 through on-call judge.
5. Hearing (Only If Defendant Requests)
Defendant has 10 business days after service to request a hearing (§ 13-3602(I)); held within 10 days (5 if exclusive use of residence ordered). Preponderance standard. Both parties present testimony and evidence.
6. Permanent Order Duration
Order is effective for 2 years from date of service on defendant (§ 13-3602(K)); not automatically renewed.
7. Enforcement
Violation is Class 1 misdemeanor under § 13-2810 / § 13-3602(N) (interfering with judicial proceedings; up to 6 months jail, $2,500 fine); may be charged as felony aggravated DV under § 13-3601.02 if prior convictions. Officers shall arrest on probable cause (§ 13-3601(B)). Firearm surrender under § 13-3602(G)(4); federal prohibition under 18 U.S.C. § 922(g)(8).
8. Modification / Quashing
Either party may motion to modify or quash under § 13-3602(K); court reviews safety and changed circumstances.
This is legal information, not legal advice.
- Defendant has requested a contested hearing
- Exclusive use of the residence is being decided
- CCW permit or law-enforcement firearm carry is at risk
- A.R.S. § 13-3602
- A.R.S. § 12-1809
- A.R.S. § 12-1810
- A.R.S. § 13-3624
- 18 U.S.C. § 922(g)(8)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.