Arizona Protective Orders Laws
Protective orders, or “restraining orders,” are designed to protect victims of harassment, abuse, and stalking by requiring perpetrators not to contact and to stay a certain distance away from the victim for a specified period of time. They are primarily used by victims of domestic violence, but may apply in different situations. The article below is an overview of protective order laws in Arizona.
Arizona Statute Covering Protective Orders
The law governing protective orders in Arizona is Arizona Revised Statutes section 13-3602. A summary of the law is below:
- Who may apply for an order: A victim, the victim’s parent or legal guardian if the victim is a minor, or a third party if the victim is temporarily or permanently unable, may apply for an order.
- Duration of the order: An order expires one year after it is granted. A modified order is effective when provided to the defendant and expires one year from the initial order.
- Activity addressed by the order: Generally, a person will be restrained from committing acts of domestic violence, excluded from the victim’s house, work, or school, and prohibited from possessing a gun. The defendant may also be ordered to attend domestic violence counseling.
- Criminal penalty for violation of an order: The defendant may be arrested and prosecuted for the crime of interfering with a judicial proceeding and any other crime committed while disobeying the order.
- Civil penalty for violation of an order: A judge may find the defendant in civil contempt for violating the terms of the order.
- Order transmission to law enforcement: Within twenty-four hours after a defendant has accepted service of the order or an affidavit has been returned, copies of the order must be sent to the sheriff’s office in the county in which the victim lives.
- Fee waiver: A judge may waive fees under any rule, statute, or other law applicable to civil actions. There is no requirement that a victim participate in community service as a condition of the fee waiver.
More details about state protective order laws can be found in this article.
Domestic violence is serious and never acceptable. If you are in immediate fear for your safety, call 911. For a list of domestic violence resources and additional information, check out FindLaw’s section on Domestic Violence.
If someone has filed protective order against you or you have been accused of a domestic violence- related crime, you may consider contacting an experienced defense attorney.