Protective Orders can be issued by any court in the State of Arizona. Their purpose is to restrain a person from committing an act of harassment or domestic violence. These types of cases are given high priority because of the nature of the violations.
Protection Order petitions must be submitted to the court in-person and are only heard between normal business hours, which are Monday through Friday 8:30 a.m. to 11:30 a.m. and from 1:30 p.m. to 4:30 p.m. You may complete and print the appropriate forms through this site or obtain them in person at the court. Please come prepared to provide sworn testimony to support your petition. Have specific dates, times, and places for events which you feel constitute the issuance of the protective order. There is no Court Fee for filing a petition for a protective order.
If the protective order is granted, it must be served within one year and is valid for one year after service of the original Order.
After normal Court business hours, and during weekends and holidays, any police officer can assist you in obtaining an emergency order of protection. It is best to obtain a protective order from the court in your community; however if the situation involves minor children common to the adult parties, please contact Maricopa County Superior Court. Protective orders against a minor, 12 years or younger, can be obtained through the Maricopa County Superior Court Juvenile Division.
Violation of the Order may result in arrest and prosecution. Violations are prosecuted in the jurisdiction where the violation occurred, under A.R.S. 13-2810 , Interference with Judicial Proceedings, a Class 1 Misdemeanor.
Orders of Protection A.R.S. 13-3601 (A)
When seeking relief from harassment or domestic violence, the relationship test determines if you need an Order of Protection or an Injunction Against Harassment. To obtain an Order of Protection, the abusive party (the defendant) MUST be one of the following:
- The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
- The victim and the defendant have a child in common.
- The victim or the defendant is pregnant by the other party.
- The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
- The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
Scottsdale City Court, being a limited jurisdiction court, will not issue an Order of Protection if the petition reveals that an action for maternity, paternity, annulment, dissolution of marriage or legal separation is pending. A.R.S 13-3602 (P) . If, after issuance of an Order, the Court determines that a domestic relations action is pending, all documents relating to the Order shall be promptly transferred to the Superior Court.
Injunctions Against Harassment A.R.S. 12-1809
An Injunction Against Harassment is similar procedurally to the Order of Protection but is governed by a different statute and is different in scope. An Injunction is not limited to domestic violence cases. An Injunction often is sought in connection with disputes between neighbors or landlords and tenants.
Unlike Orders of Protection, there is no "relationship test" for issuance of an Injunction. Therefore, the Injunction frequently is used as a protection mechanism for persons not eligible for an Order of Protection, such as unrelated persons.