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Order of Protection

September 20, 2022 Cindy Best

An Order of Protection is a civil protective order available in Arizona when qualifying domestic violence allegations exist. It can be obtained from the Superior Court or a Justice Court without prior notice to the other party if the court finds reasonable cause that domestic violence has occurred or is imminent. If a family law case is on file, it will be heard in Superior Court and be heard by a judge or commissioner. A justice court is a lower court and it will hear your case if no divorce has been filed.

An Order of Protection can prohibit contact between the parties, require one party to leave a shared residence, protect children as named protected parties, and impose other conditions appropriate to the situation. Violation of an Order of Protection is a criminal offense.

Under the Alec and Lydia Act, effective June 22, 2026, Orders of Protection interact directly with the family court domestic violence framework. An Order of Protection obtained based on domestic violence is part of the documented history that supports the mandatory presumption against the abusive parent in any parenting proceeding.

An Order of Protection is not a temporary parenting time order and it is not the same as a preliminary injunction in a divorce case. These are separate legal tools with different purposes and different processes. If you need an Order of Protection, contact us immediately. Do not wait for the divorce case to address safety concerns that require immediate intervention.

A contested hearing on an Order of Protection is available to the person against whom the order was issued. It is usually scheduled within 5 days. If they fail to appear for the contested hearing for which they had actual notice the order remains in effect. The opportunity to challenge the order is at that hearing. It is in effect for two years.

 

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Contact Information

7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253