What Are Protective Orders?
The purpose of a Protective Order is to restrain a person from committing an act of harassment or domestic violence against another person or persons. Requested petitions are typically seen by a judge and ruled on the same day.
Any court in the state of Arizona can review a petition and issue a Protective Order. There may be a court that is closer to your location. Below are links to other nearby courts to obtain a Protective Order. You will need to contact a specific court for information on their Protective Order process.
If there is an action for maternity, paternity, annulment, legal separation or dissolution of marriage pending between the parties, The Petition must be filed in the Superior Court.
Maricopa County Justice Courts
Maricopa County Superior Court
Two Types of Protective Orders
1. Order of Protection
An Order of Protection (A.R.S. 13-3602) is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. Examples of a requested Order of Protection would be filed against:
- Your current or former spouse
- Someone with whom you live or have lived
- Someone with whom you are having a romantic or sexual relationship
- One party pregnant by the other party or someone with whom you have a child in common
- Your relative, or your current spouse's relative (contact the Court for specific relatives)
One of the parties is a parent, grandparent, in-law or sibling
2. Injunction Against Harassment
An Injunction Against Harassment (A.R.S. 12-1809) is a court order to seek protection from a person other than someone you live with, a person with whom you have no relationship, or a current or former non-family member. Injunctions Against Harassment can be issued for individuals and workplaces. To have an injunction granted or issued:
- The defendant must have committed acts of harassment
in the last year
"harassment" means either of the following:
(a) A series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose.
(b) One or more acts of sexual violence as defined by A.R.S. 23-371.
Acts of Harassment and Domestic Violence
- Aggravated Assault
- Aggravated Harassment
- Aggravated Domestic Violence
- Child or Vulnerable adult abuse
- Criminal Damage
- Criminal Trespass - first, second or third degree
- Crimes Against Children
- Custodial Interference
- Disobeying a court order
- Disorderly Conduct
- Surreptitious Videotaping
- Threatening and Intimidating
What A Protective Order Does
What It Does Not Do
- Does not resolve landlord/tenant disputes
- Does not change custody or visitation orders
- Does not guarantee your safety
Obtaining A Protective Order
- Go to Protective Order Center on the 2nd floor of the Phoenix Municipal Court.
- Court staff will help you determine the correct Court action for your situation.
- Complete the paperwork for the judge to review.
- Once completed, you will meet with a judge to discuss your request.
Information We Will Need
Serving an Order of Protection and Serving an Injunction Against Harassment
If the Judge grants your petition for an Order of Protection the court will immediately send the Order of Protection and a copy of the petition for service on the defendant. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. The agency closest to the defendant’s address will be assigned to serve the Order of Protection. There is no charge for service of an Order of Protection.
If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, you—not the court—must arrange for service of the injunction. The court will give you information on how to arrange for service of the injunction. If the injunction is based on sexual violence, there is no fee for service. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. The court will decide whether you are eligible for a fee deferral or waiver.
REMEMBER - The Protective Order (either the Order of Protection, or the Injunction Against Harassment) is not valid until it has officially been served by police or a process server. The more detailed and accurate information you can provide regarding the locations where the defendant can be served greatly increases the likelihood the order will be served successfully. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents.
Order of Protection and Injunction Against Harassment Time Periods
- If the Protective Order is not served within one year, it automatically expires
- If the Injunction Against Harassment is not served within one year, it automatically expires.
- Protective Orders served before 9/24/22 are in effect for one year from date of service.
- Protective Orders served on or after 9/24/22 are in effect for two years from date of service.
- Injunctions Against Harassment are in effect for one year from date of service.
The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. If this occurs, the hearing will be set 5 to 10 days from the date of request and you will be notified by the Court. It is critical that you keep the Protective Order Center informed of any change in telephone or address.
If you fail to appear, the judge may dismiss the Protective Order
Dismissal of a Protective Order
Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to the Protective Order Center with a valid picture I.D. and complete the required paperwork provided by court staff.
- Separate paperwork is required for each person from whom you are seeking protection.
- Your address and contact information may be kept confidential (meaning only available to court staff).
- Not all requests for orders of protection or injunctions against harassment are granted and some may require a court hearing with the person you are seeking protection from before issuance.