Arizona Order of Protection Lawyer
or Charged with a Violation?
Understand Your Rights and Options.
An Arizona Order of Protection can immediately affect contact with family members, access to a residence, communication, firearms and other important parts of your life. If you have been served with an Order of Protection, The Maerowitz Law Firm, LLC can help you understand the allegations, the restrictions imposed by the order and your right to request a contested hearing.
A protective order proceeding can move quickly. Evidence, testimony, text messages, emails, photographs, police reports, witness accounts and the history between the parties may all become important when the court determines whether an Order of Protection should remain in effect, be modified or be dismissed.
CALL 480-927-3700 FREE & CONFIDENTIAL CONSULTATIONWhat Is an Order of Protection in Arizona?
An Arizona Order of Protection is a court order designed to restrain a person from committing acts included within Arizona's domestic violence laws. Orders of Protection generally involve people who have a qualifying family, household, intimate-partner, romantic or sexual relationship.
The person asking the court for protection is generally referred to as the plaintiff. The person against whom the protective order is requested is referred to as the defendant.
The initial petition may be considered by a judicial officer without the defendant present. If an Order of Protection is issued, however, the defendant has the right to request a contested hearing while the order remains in effect.
Attorney Matt Maerowitz and The Maerowitz Law Firm can help defendants understand the order, prepare for the hearing and present their position to the court.
Do Not Ignore the Order — Even if You Believe the Allegations Are False.
Once an Arizona Order of Protection has been served, its restrictions must be followed unless and until the court modifies or dismisses the order. The parties cannot privately agree to disregard an active court order.
If you disagree with the allegations or restrictions, the proper way to challenge the order is generally through the court process, including requesting a contested hearing.
Read every provision carefully and avoid conduct that could be interpreted as violating the order while you evaluate your legal options.
DISCUSS YOUR ORDER | 480-927-3700An Order of Protection Can Affect Daily Life Immediately
The precise restrictions depend on what the court ordered. An Arizona Order of Protection can contain several different forms of relief.
No Contact
The order may restrict direct or indirect contact with the plaintiff or other specifically protected people.
Residence Restrictions
A court may award one party exclusive use of a shared residence under circumstances authorized by Arizona law.
Protected Locations
Restrictions may apply to a residence, workplace, school or other specifically designated locations.
Firearms
If the court makes the findings required by law, an Order of Protection can prohibit possession or purchase of firearms for the duration of the order.
Other Protected Persons
The order may include other specifically designated people when legally appropriate.
Additional Relief
The court may impose other legally authorized restrictions that it finds necessary under the circumstances.
You Have the Right to Request a Contested Hearing
A defendant who is subject to an Arizona Order of Protection is entitled to request one contested hearing while the order is in effect.
At the hearing, both sides may have an opportunity to present evidence, testify, call witnesses and challenge the other side's evidence. The judicial officer then determines whether the Order of Protection should remain in place, be modified or be quashed.
Evidence Can Make a Significant Difference at an Order of Protection Hearing
Protective-order cases can involve sharply conflicting accounts of what happened. Preparing for the hearing may require more than simply telling the judge that the allegations are untrue.
Depending on the circumstances, relevant evidence may include:
A Served Arizona Order of Protection Can Remain in Effect for Two Years
An Order of Protection becomes effective against the defendant when the order and petition are served.
Under current Arizona law, an Order of Protection served on or after September 24, 2022 generally expires two years after service. If the order is never served, it expires one year after the date it was issued.
If you believe an Order of Protection was improperly issued or contains restrictions that should be challenged, understanding your right to a contested hearing can be important.
Do Not Violate an Active Order of Protection
An Order of Protection is an official court order. Once it has been served, disobeying its restrictions can expose the defendant to arrest and criminal prosecution.
That can become particularly important when the order prohibits contact. A defendant should not assume that contact becomes permissible simply because the plaintiff initiates a conversation, sends a message or asks to meet.
If the order needs to be changed or dismissed, that should be handled through the court. Until the court changes the order, follow the restrictions exactly as written.
An Order of Protection Can Affect Firearm Possession
Arizona law authorizes a court to prohibit the defendant from possessing or purchasing firearms for the duration of an Order of Protection if the court makes the findings required by law regarding a credible threat to physical safety.
If such a firearm prohibition is included, the order may require the defendant to transfer firearms to the appropriate law-enforcement agency in accordance with the order.
Because firearm restrictions can have significant consequences, review the actual language of the Order of Protection carefully and obtain legal advice if you have questions about what the order requires.
Order of Protection vs. Injunction Against Harassment
An Order of Protection is generally used when the parties have a qualifying domestic, family, intimate-partner, romantic or sexual relationship and the petition alleges domestic violence or the threat of domestic violence.
When there is not a qualifying relationship for an Order of Protection, an Injunction Against Harassment may be the protective-order procedure that applies if the statutory requirements for harassment or sexual violence are met.
People often search online for an Arizona restraining order lawyer. In Arizona, “restraining order” is commonly used as a general term, while the particular court order may be an Order of Protection or another type of protective order.
Protective Orders Can Intersect With Divorce, Parenting and Family Court Matters
Orders of Protection often arise between spouses, former spouses, people who share children, family members or people who have been in a romantic relationship.
When a family-law case involving the parties is already pending, Arizona law can affect which court has jurisdiction over the protective-order proceeding. Orders involving children or a shared residence may also overlap with other family-court issues.
If you have both an Order of Protection and an active divorce, legal-separation, paternity or parenting-time case, make sure your attorney is aware of both proceedings.
Why Hire The Maerowitz Law Firm for an Arizona Order of Protection?
Order of Protection hearings can involve serious allegations, emotional circumstances and important consequences. The Maerowitz Law Firm provides personalized representation focused on the specific petition, evidence and restrictions involved in your case.
Managing Attorney Matt Maerowitz has 12 years of legal experience and has represented clients in bench and jury trials. His practice focuses on criminal defense, DUI and personal injury.
Matt's litigation and criminal defense experience helps him evaluate testimony, documentary evidence and conflicting factual accounts and prepare clients to present their position in court.
A contested Order of Protection hearing may be the defendant's opportunity to present evidence, question witnesses and explain why the order should be dismissed or modified. Walking into that hearing unprepared can make an already stressful situation more difficult.
Three Important Steps After Receiving an Arizona Order of Protection
Read the Entire Order
Identify every person, location, communication restriction and other condition contained in the Order of Protection.
Preserve Relevant Evidence
Save messages, emails, photographs, video, records and other information that may relate to the allegations in the petition.
Discuss a Contested Hearing
Speak with an attorney about the petition, the evidence and whether requesting a hearing is appropriate for your circumstances.
Looking for an Arizona Order of Protection Lawyer?
The Maerowitz Law Firm, LLC is based in Phoenix and represents clients in legal matters throughout Arizona. If you have been served with an Order of Protection, are preparing for a contested hearing or need help understanding the restrictions imposed by a protective order, experienced legal guidance can help you prepare for what comes next.
If you are searching for an Arizona Order of Protection lawyer, Phoenix restraining order attorney, protective order hearing lawyer, Arizona Order of Protection defendant attorney or Arizona criminal defense attorney, contact The Maerowitz Law Firm for a free and confidential consultation.
FREE CONSULTATION | 480-927-3700Frequently Asked Questions About Arizona Orders of Protection
How long does an Arizona Order of Protection last?
An Order of Protection served on the defendant generally remains in effect for two years from the date of service. If it is never served, it generally expires one year after it was issued.
Can I fight an Order of Protection in Arizona?
A defendant who is restrained by an Order of Protection is entitled to request one contested hearing while the order is in effect. At the hearing, the parties may present evidence and testimony, and the court may continue, modify or quash the order.
How quickly will the hearing happen?
Arizona law generally requires a requested hearing to be held within ten days unless the court finds good cause to continue it. If the order awarded the plaintiff exclusive use of the home, the hearing generally must be held within five days.
What can happen at an Order of Protection hearing?
The parties may present evidence, testify, call witnesses and challenge the opposing evidence. After the hearing, the judicial officer may continue the Order of Protection, modify its terms or quash the order.
Can the plaintiff give me permission to contact them?
A private agreement between the parties does not change an active court order. If the Order of Protection prohibits contact, follow the order unless and until the court modifies or dismisses it.
Can an Arizona Order of Protection affect my firearms?
Yes. If the court makes the findings required by Arizona law regarding a credible threat to physical safety, the Order of Protection can prohibit firearm possession or purchase for the duration of the order and require transfer of firearms as directed by the court.
Is an Order of Protection the same as an Injunction Against Harassment?
No. Both are Arizona protective orders, but an Order of Protection generally requires a qualifying domestic, family, intimate or romantic relationship. An Injunction Against Harassment may apply when that qualifying relationship does not exist and the legal requirements for harassment or sexual violence are met.
Does The Maerowitz Law Firm offer free consultations for Orders of Protection?
Yes. The Maerowitz Law Firm, LLC offers a free and confidential initial consultation. Call 480-927-3700 to discuss an Arizona Order of Protection or contested protective-order hearing.
Served With an Arizona Order of Protection?
If you have been served with an Order of Protection or are preparing for a contested protective-order hearing in Phoenix or elsewhere in Arizona, speak with an experienced attorney about the allegations, evidence and your legal options.
Contact The Maerowitz Law Firm, LLC today.
480-927-3700 CALL FOR A FREE CONSULTATION CONTACT THE FIRMThis information is provided for general informational purposes only and does not constitute legal advice. The requirements, restrictions and consequences of an Arizona protective order depend on the particular order, facts and applicable law. Viewing this page or contacting the firm does not by itself establish an attorney-client relationship.