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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 Protective Orders: The Basics

Below you will find relevant details about Arizona protective orders. Remember, if you or someone you love feels threatened by the actions of another person, contact law enforcement and a local attorney immediately.

Statutes

Arizona Revised Statutes section 13-3602

Who May Apply for an Order

  • 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.

Criminal Penalty for Violation of the 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 the Order

  • A judge may find the defendant in civil contempt for violating the terms of the order.

Order Transmitted 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.

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.

Fee Waive for Application

  • 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.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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.

Arizona Protective Orders Laws: Related Resources

Protective Orders: Free Case Review

If someone has filed protective order against you or you have been accused of a domestic violence- related crime, you'll need to contact an experienced defense attorney in Arizona. Domestic violence and protective order charges can carry serious consequences and also impact your future. Want to learn more? Start now with a free case review at no obligation.

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