Your Sworn Testimony
The court will provide you with the proper forms to file a petition for a Protection Order. Please come prepared to provide sworn testimony to support your petition. Have specific dates, time, and places for events which you feel constitute the issuance of the Protection Order. There is no court fee for filing a petition for a Protection Order. If the Protection Order is granted it must be served within one year and it is valid for one year after service of the original order. 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)
Conditions for Order of Protection/Injunction Against Harassment
When seeking relief from harassment or domestic violence the relationship test determines if you need an Order of Protection or 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.
- The relationship between the victim and defendant is currently or was previously a romantic or sexual relationship.
Injunctions Against Harassment A.R.S. 12-1809
Order of Protection vs. Injunction Against Harassment
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 is frequently used as a protection mechanism for persons not eligible for an Order of Protection, such as unrelated persons.
To qualify, you must allege at least two specific acts of harassment.
AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court.
An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. The portal will also help you figure out whether you (the plaintiff) and the person from whom you are seeking protection (the defendant) have a qualifying relationship for an Order of Protection.
Your information will be saved in AZPOINT for up to 90 days. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. You are encouraged to speak to a victim advocate before you file your petition. An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant.