How Will Filing an OOP affect my divorce?

How Does an Order of Protection Affect Divorce in Arizona?

Should I Get an Order of Protection Before Filing for Divorce?

Co-Authored by Cynthia L. Best, Esq. & Tali Best Collins, Esq.

One of the most common — and most misunderstood — questions we hear is:

“Should I get an Order of Protection before I file for divorce?”

People worry that filing for an Order of Protection will:

• Make their divorce more hostile
• Look strategic or manipulative
• Backfire in court
• Hurt their custody case
• Escalate conflict instead of calming it

Others fear waiting too long and putting themselves — or their children — at risk.

The answer is not one-size-fits-all.
But understanding how an Order of Protection (OOP) actually affects divorce in Arizona can help you make a safer, more informed decision.

What Is an Order of Protection (OOP) in Arizona?

An Order of Protection is a civil court order designed to prevent domestic violence, threats, harassment, stalking, or intimidation.

It can:

• Prohibit contact
• Remove a person from the home
• Include children
• Restrict parenting time
• Set boundaries around communication

An OOP is about safety, not punishment. If you fear for your life or safety, you should take some action to protect yourself and/or your children. But sometimes, it is not as simple as it sounds.

Does Filing an Order of Protection Automatically Start a Divorce?

No.

An Order of Protection is separate from a divorce case.
You can:

• File an OOP before divorce
• File it during divorce
• File it without ever filing for divorce

Many people obtain an OOP simply to create safety, distance and clarity from the perpetrator — not to end the marriage immediately.

Should I Get an Order of Protection Before Filing for Divorce?

Sometimes, yes — and sometimes, no.

Here are the key factors Arizona attorneys and judges consider.

When It Often Makes Sense to Get an OOP Before Divorce

1. You Are Afraid of Your Spouse’s Reaction

If you fear:

• Retaliation
• Threats
• Escalation
• Intimidation
• Being prevented from leaving

An OOP can create immediate boundaries and physical protection before divorce papers are served. Victims of domestic violence are often at the greatest risk of harm when the divorce is filed. It must be mentioned many times over to have a plan when filing for divorce from an abusive spouse.

2. There Is Ongoing Harassment or Threatening Behavior

Repeated:

• Texting
• Calling
• Following
• Yelling
• Threats

may justify an OOP regardless of divorce timing.

3. Children Are Being Exposed to Unsafe Behavior

Arizona courts take children’s exposure to domestic violence seriously.

If children are:

• Witnessing threats or abuse
• Being used as leverage
• Experiencing fear or instability
• Becoming victims of abuse or threats

An OOP may include them and immediately address safety.

4. You Need Immediate Court Orders

Divorce cases take time.
An OOP can provide same-day or next-day protection, including removal from the home where the  parties were living together, no matter who owns the house or whose name is on the lease.

When Filing an OOP First May Not Be the Best Strategy

1. The Conflict Is High but Not Unsafe

Not all bad marriages involve domestic violence.

If the situation is:

• Emotionally painful but not threatening
• High-conflict but non-abusive

There may be better tools (temporary family court orders, mediation, structured communication).

2. You Are Concerned About Credibility

Courts are alert to misuse of Orders of Protection. This should not dissuade you from seeking protection or the guidance of an experienced attorney.

Filing an OOP without a genuine safety basis can:

• Hurt credibility
• Complicate custody discussions
• Increase litigation time, expense and ability to settle

This is why legal guidance matters.

How an Order of Protection Affects Divorce Proceedings

An OOP can significantly shape the early stages of divorce.

Housing

If granted, an OOP may:

• Remove one spouse from the home
• Control access to property
• Establish temporary living arrangements

This often becomes the status quo during divorce and it can have an affect on the final outcome as well.

Parenting Time and Custody

An OOP may:

• Restrict parenting time
• Require supervision
• Limit exchanges
• Prohibit contact

Family court judges must consider domestic violence when making custody decisions. A finding of domestic violence must be rebutted at trial by the abuser. The perpetrator has the burden of proof at trial after there has been a judicial finding of domestic violence. It will affect parenting time and legal decision making.

Communication

Court Orders often require:

• No contact
• Written-only communication
• Third-party or the use of some kind of app for all communication

This can dramatically reduce conflict during divorce. It prevents the abused from name calling and continuing the abuse during the litigation.

Leverage (Not in the Way People Think)

An OOP is not supposed to be leverage and it should not be used as a strategy but it does:

Help keep the victims safe

Help the victims make decision free of coercion and control

Sets legal boundaries

Record the abuse in a court of law

Will an OOP “Help” Me in Divorce or Custody?

An OOP does not automatically:

• Win sole legal decision making
• Guarantee favorable outcomes
• Change any financial outcome

But it does matter.

Arizona law requires courts to consider domestic violence when deciding:

• Legal decision-making
• Parenting time
• Safety conditions

The impact depends on:

• Credibility
• Evidence
• Severity
• Pattern of behavior

Can I File for Divorce First and Get an OOP Later?

Yes.

Many people:

• File for divorce
• See behavior escalate
• Then seek an OOP

The court can address both cases simultaneously. An OOP filed after the divorce is filed is elevated to a state court judge. An OOP filed before divorce is filed in heard in justice court.

What If My Spouse Files an OOP Against Me During Divorce?

This happens frequently.

If you are served with an OOP:

• Take it seriously
• Follow it exactly
• Get legal advice immediately
• Understand that you have a right to a hearing
• Understand the pros and cons of a OOP hearing instead of just letting the OOP “stand” without a hearing. There is a huge difference.

How you respond can significantly affect your divorce and custody case.

The Biggest Mistake People Make

Waiting too long to file an OOP because they:

• Don’t want to “make things worse”
• Don’t believe they really would be injured or killed
• Worry that the judge will not believe them
• Don’t recognize that coercion and control are also domestic violence
• They have not been hit but have suffered other forms of domestic violence like threats, stalking, and violence in front of them
• Feel guilty
• Hope behavior will improve
• Fear being judged

Safety should come first.

How Best Law Firm Helps Clients Make This Decision

We help clients:

• Evaluate safety vs. strategy
• Decide if and when to file
• Avoid unintended consequences
• Coordinate OOPs with divorce filings
• Protect children while minimizing escalation
• Coordinate safety plans
• Evaluate evidence

There is no shame in asking, “What is the safest and smartest next step?”

Talk to an Experienced Arizona Family Law Attorney

If you are considering divorce and wondering whether an Order of Protection is appropriate — or when to file it — we can help you assess your options confidentially.

📞 Call Best Law Firm
📍 Scottsdale, Arizona
🌐 BestLawAZ.com

Your safety matters.
Your credibility matters.
And you deserve guidance before making this decision.

You do not deserve to be abused. It is not your fault. You are not alone.

About the Authors

Cynthia L. Best, Esq.
Founder, Best Law Firm
38 Years of Legal Experience • Certified Mediator
Co-author of The Divorce Coach

Tali Best Collins, Esq.
Managing Attorney, Best Law Firm, Certified Mediator
Over 18 Years of Legal Experience
Co-Author of The Divorce Coach