In Arizona, a restraining order or protection order is a legal document issued by a judge to protect the health and safety of a person who is alleged to be a victim of domestic violence. Specifically, a domestic violence protection order is a civil order that provides protection from physical or sexual harm caused by force or threat from a family or household member.
What Type of Protection Orders are Available?
There are two kinds of protection order available.
1. Emergency Orders of Protection (EOP): Lasts until the the close of the business day on the day after its issued. It's an emergency protective order designed to protect a victim in immediate danger. You may get an emergency order by going to the nearest police department or calling 911. For the protection to remain in effect, you must go to court before the close of the next business day to request a permanent order. A judge will grant the temporary order only if s/he believes that you are in immediate danger of a severe injury.
2. Permanent Orders of Protection: Lasts up to one (1) year or can be permanent. A victim in Arizona must go to court for a full hearing.
How Much Does an Order of Protection Cost?
There are no fees for filing or serving an order of protection.
The following table highlights the main provisions of Arizona's domestic violence protection order laws. See Harassment, Restraining Orders, and Filing a Domestic Violence Lawsuit for more information.
|Code Sections||A.R.S. 13-3624|
|Who Can Ask for a Protection Order?||
Anyone who is being abused by:
|Types of Orders||
Emergency Protection Orders (EOP) and Permanent Orders.
|Length of EOP||
Lasts until the the close of the business day on the day after its issued.
|Length of Final Protective Order||
One (1) year or longer in some circumstances.
|How to Apply||
File a petition in court or at the request of the district attorney, or a law enforcement officer in connection with a criminal case.
|Penalty for Violations||
Criminal contempt charges and/or more formal criminal charges including a jail sentence, fines, etc.
|Limitations of a Protection Order||
Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information.
***Any person in an emergency situation requiring immediate intervention should call 911 for assistance. *** Here are some additional resources:
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A restraining order in Arizona can not only protect you, but also your children. If you or someone you know is being harassed or is in physical danger at the hands of an intimate partner relationship, it is best to contact a lawyer to learn more. You can start the process today with a free Arizona attorney match at no obligation.
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