How To Get A Restraining Order In Arizona

Victims of conduct defined as "harassment" and "domestic violence" under Arizona law can obtain civil court orders that prohibit further abuse from perpetrators. These legal reliefs are commonly known as restraining orders and are filed under A.R.S. § 13-3602 (orders of protection) and A.R.S. § 12-1809 (injunctions against harassment).

Individuals who seek these protections can obtain no-contact provisions, exclusive use of their homes, and firearm restrictions for respondents/defendants. Courts may also order defendants to stay away from specific locations and attend domestic violence treatment programs. Violating these orders results in criminal contempt.

Protection order proceedings and outcomes are part of Arizona civil court records, which the public can access under state rules.

Types Of Restraining Orders in Arizona

One must file for the correct type of protection order in Arizona to obtain relief. The relationships between the case parties and case specifics usually determine the issued order:

• Orders of Protection: These legal reliefs are designed to protect victims against future acts of domestic violence. They are only available to individuals who have experienced abuse from household members, such as:
  • Current and former spouses, roommates, and romantic or sexual partners
  • Children, grandchildren, parents, grandparents, and siblings
  • Grandchildren, children, parents, grandparents, and siblings of the victim's spouse
• Injunctions Against Harassment: These restraining orders are issued against people who do not qualify as household members. They can prevent defendants from contacting victims and other people identified in the court order.
• Injunctions Against Workplace Harassment: These petitions are filed by businesses and employers to protect workplaces and business premises against further harassment.
• Emergency Orders: Orders granted to plaintiffs when courts are closed for business. These generally last 7 days.
• Release Orders: Orders issued by courts within 24 hours of a person's arrest for domestic violence cases.

Are Restraining Orders Public Record In Arizona?

Yes. Chapter 6 of the Arizona Code of Judicial Administration permits the disclosure of court records, including injunctions and orders of protection, to members of the public. However, specific court rules, state statutes, and federal regulations prohibit the release of confidential records.

For example, orders of protection that have not been served on defendants are considered confidential and not open to the public. Also, certain information about victims of domestic abuse or sexual assault is protected from public access. Moreover, sealed court orders, privileged communications, and sensitive personal data (like social security numbers) are non-public information.

How To Look Up Restraining Orders In Arizona

Individuals can visit the local courthouse in the county where a protection order case was handled to review details of injunctions and domestic violence protection orders. For example, people seeking Maricopa County court records can use case search options provided by the Clerk of the Superior Court. These include in-person and online records requests, in-person inspection at the clerk's approved locations, and online case access via a searchable public portal.

Typically, individuals can review case records at clerks' offices for free. However, they must cover the cost of receiving document copies or certifications.

Can You Look Up A Restraining Order Online?

Yes. The Arizona judiciary provides a central online database for looking up case information from different courts across the state. The portal shows case party details, case activities, and filed documents. Members of the public can search by case party or case number.

Some Clerks of Superior Courts also provide online case information systems, through which the public can view protective order cases heard in the Superior Court or Family Division.

How To File A Restraining Order In Arizona

Submitting petitions for protection orders and injunctions in Arizona involves filing with local courts and providing the required evidence or information.

If a person wants to get an emergency order when the court is not in session, they can go through a law enforcement agency. Individuals can also contact a judge, justice of the peace, magistrate, or commissioner designated to issue orders of protection after hours. Consequently, victims can seek immediate protection to prevent abusers from committing further offenses. Courts can also issue orders within 24 hours after local authorities arrest defendants for committing acts of domestic violence. Emergency orders generally last for seven days and can provide the following relief:

• Prohibit the alleged abuser from committing further acts of domestic violence.
• Grant the victim exclusive use of a shared residential property.
• Bar the respondent from contacting the plaintiff or victim.
• Prevent the defendant from possessing or acquiring firearms if deemed a credible threat.

In general, people can file for injunctions and orders of protection using the AZPOINT (Arizona Protective Order Initiation and Notification Tool) portal. However, after creating their petition using the tool, plaintiffs must submit it to a court for the order to be reviewed and granted by the judge. One can also use court forms provided by local court offices. Protection order cases can be heard with or without the defendant's presence.

Each petitioner must provide the following:

• The plaintiff's name
• Plaintiff's address and contact information, which shall be maintained in a separate document
• Defendant's name and address
• Statements showing the dates and details of the acts of domestic violence
• Relationship between the victim and the defendant
• If an order or injunction has been sought in the past, the court in which the petition was filed
• The relief being sought by the plaintiff, such as relinquishment of firearms, child custody, or exclusive use of shared residence.

Once the order is granted, the court will send it to the local law enforcement agency, which will then engage the services of a serving entity to serve the defendant. For cases not involving domestic violence, plaintiffs are required to serve the orders on defendants.

Affidavits, acceptances, declarations, and returns of service must be filed with the court in person, by fax, or electronically within 72 hours, excluding holidays and weekends.

If the case was heard ex parte—without the respondent being present—the respondent reserves the right to ask for a hearing. After receiving the defendant's request, the court will schedule a hearing within 10 days.

Final orders of protection can do the following:

• Grant reliefs listed in the emergency order of protection
• Order the defendant to partake in and complete a domestic violence treatment program after a hearing
• Provide any additional relief necessary to protect the victim or designated individuals
• Give the plaintiff exclusive custody of household animals and prohibit the defendant from harming or taking them.

Can You File A Restraining Order For No Reason In Arizona?

No. According to A.R.S. § 13-3602(E), plaintiffs must show the court, using evidence and testimony, that there is "reasonable cause to believe" alleged abusers may commit acts of harassment or domestic violence or have committed such acts within the past year or longer if the court deems it appropriate to consider an extended period.

Additionally, one must file for a petition under the right law. For example, victims of harassment from coworkers cannot file for orders of protection with the Family Division of the Superior Court.

What Proof Do You Need For A Restraining Order In Arizona?

Individuals can submit the following to provide reasonable proof of domestic violence or harassment:

• Testimony from the plaintiff or a witness detailing previous cases of harassment or domestic violence
• Video recordings or images of property destruction, bodily harm, stalking, or harassment
• Threats sent through text messages or other means of communication
• Records of arrests, indictments, or criminal convictions related to domestic violence or harassment

How Long Does It Take To Get A Restraining Order In Arizona?

Plaintiffs can obtain injunctions or orders of protection immediately after participating in hearings. However, if a defendant requests a hearing, the judge will schedule a date within 10 days, after which the case will be decided.

At the same time, judges can deny initial petitions. After such denials, another hearing will be scheduled within 10 days with notice served on the defendants.

How Long Does A Restraining Order Last In Arizona?

Emergency restraining orders issued to prevent further acts of domestic violence last for seven days. However, judges can extend these orders. Final protective orders last for two years, while injunctions last one year after the defendant receives service of the order. Plaintiffs can also file for extensions, which will last for two years.

Injunctions and orders of protection expire after one year if they are not served on the defendants.

How Much Does A Restraining Order Cost in Arizona?

Plaintiffs are generally not required to pay court filing fees when submitting petitions for orders of protection or injunctions against harassment. However, people filing for injunctions against workplace harassment are required to cover filing fees of $188 and other costs outlined in A.R.S. § 12-284.

Can You Cancel A Restraining Order In Arizona?

Yes. Defendants and plaintiffs can petition the court to quash orders of protection or injunctions. Interested parties can contact the local clerk of court to obtain the required forms and filing information.