How to Get a Restraining Order in Arizona: Process, Proof & Timeline

Arizona Calls It an Order of Protection

If you need a court order to keep someone away from you or your children in Arizona, what you are looking for is an Order of Protection. The term "restraining order" is commonly used, but Arizona law — specifically A.R.S. § 13-3602 — uses "Order of Protection" for cases involving domestic violence. This article explains who qualifies, how to file, what the court looks for, and the critical deadlines you need to track.

Who Can Get One?

An Order of Protection is only available against someone you have a qualifying "domestic" relationship with. Under Arizona law, that includes:

• Current or former spouses
• Current or former household members — people you live or have lived with
• People with whom you share a child in common, or who are pregnant by you or have made you pregnant
• Specified relatives by blood, marriage, or step-relationship
• Current or former romantic or sexual partners

If the person threatening you does not fall into one of these categories — for example, a stranger or a workplace acquaintance you have never had a personal relationship with — an Order of Protection under this statute may not apply. A different type of court order may be available in that situation; check with your local Arizona court about your options.

What the Court Needs to Issue the Order

The judge looks for reasonable cause to believe that the person named in your petition (called the defendant) either has committed an act of domestic violence within the past year — or longer if there is good cause — or may commit such an act. Arizona law defines domestic violence broadly, covering a range of criminal offenses when they are committed by someone in a qualifying relationship with the victim.

Because the danger may be immediate, the court can issue the order ex parte — meaning without the defendant being present or notified in advance. You present your account; the judge decides. If the judge finds reasonable cause, the order can go out the same day you file.

Filing Is Free

Arizona law prohibits charging any filing fee for an Order of Protection petition and prohibits charging a fee for service of process. You will not pay to file your paperwork or to have the order officially delivered to the defendant. This removes a financial barrier that stops many people from seeking protection.

What an Order of Protection Can Include

The specific terms depend on your situation and what you ask for, but an Order of Protection can direct the defendant to stop all contact with you, stay away from your home, your workplace, or your children's school, and take other protective steps the court finds appropriate. In some cases, the order may grant you exclusive use of a shared home, which also affects the timeline for any hearing the defendant requests (explained below).

How Long It Lasts — Two Timelines That Matter

Time-sensitive: There are two separate expiration rules, and both can catch people off guard.

• Two years from service: Once the defendant is officially served with the order, it is valid for two years from that date.
• One year to serve: If the order is issued but the defendant is never served, the order expires one year after it was issued — regardless of whether the danger has passed.

The second rule is the one most people overlook. An unserved order provides little real protection because the defendant may claim they did not know about it. Work with local law enforcement or the court's process server to make sure service happens promptly after the order is issued.

The Defendant's Right to a Hearing

Time-sensitive: After being served, the defendant has the right to request one hearing to contest the order. Arizona law requires that hearing to be held within ten days of the written request — or within five days if the order granted exclusive use of a shared home. No fee is charged to the defendant for this hearing.

This means you may need to return to court on short notice. Do not wait until after the defendant is served to organize your evidence. Gather texts, voicemails, photos, medical records, police reports, and the names of any witnesses before you file. Bring documentation that supports everything you described in your original petition.

Domestic Violence and Child Custody in Arizona

If you share children with the defendant, a finding of domestic violence carries direct legal consequences in any custody proceeding. Under A.R.S. § 25-403.03, Arizona courts cannot award joint legal decision-making — the shared authority to make major decisions about a child's education, health care, and upbringing — if the court finds that significant domestic violence has occurred or that there is a significant history of domestic violence.

The law requires courts to treat evidence of domestic violence as being contrary to the best interests of the child. The safety and well-being of the child and of the victim are designated as the primary concern. The court must also take into account whether the defendant has a history of causing or threatening to cause physical harm to another person.

In practical terms: if you are filing for an Order of Protection and you have a custody matter pending or anticipated, document every incident of domestic violence carefully. What you present to the court about the defendant's conduct can shape how the judge approaches decision-making authority and parenting time in a separate custody case.

Your Order Is Valid Across State Lines

If the defendant moves to another state after the order is issued, your Arizona order does not become unenforceable. Under federal law — specifically 18 U.S.C. § 2265, enacted as part of the Violence Against Women Act — every U.S. state, territory, and tribal court must honor and enforce a valid protection order issued by another jurisdiction as if it had been issued there. Arizona courts give the same full faith and credit to valid protection orders issued by other states, territories, and tribal courts.

Federal law also makes it a separate federal crime to cross state lines to stalk a partner or to violate a protection order (18 U.S.C. §§ 2261A and 2262). This creates a federal floor of protection that exists on top of whatever your state order says.

What You Can Do in Arizona: Step by Step

1. Confirm the relationship qualifies. Review the list of qualifying domestic relationships above. If you are unsure whether your situation fits, call the courthouse clerk or a local domestic-violence advocacy organization before you file.
2. Go to the right court. You may file with a magistrate, a justice of the peace, or a superior court judge. Many Arizona courthouses operate self-help centers where staff can guide you through the paperwork at no charge.
3. Fill out the verified petition in detail. Describe the acts of domestic violence with as much specificity as you can — dates, what was said or done, locations, injuries, and any witnesses. The court relies on your written account to determine whether reasonable cause exists.
4. File at no cost. Submit your petition. Arizona law prohibits the court from charging you a filing fee.
5. Receive the order — possibly the same day. Because the order can be issued ex parte, you may leave the courthouse with it in hand if the judge finds reasonable cause from your petition alone.
6. (Time-sensitive) Arrange service promptly. Work with local law enforcement or the court to serve the defendant as soon as possible. The two-year protection clock starts at service; if service does not happen within one year of issuance, the order expires.
7. (Time-sensitive) Prepare for a possible hearing. Once the defendant is served, you may have as few as ten days — or five days if exclusive use of a shared home is involved — before you are back in front of a judge. Have all your evidence ready before service even occurs.
8. Track the expiration date and renew if needed. If you still feel unsafe as the two-year mark from service approaches, contact the court about your options before the order lapses.

If You Are Filing on Behalf of a Minor

If the person who needs protection is a minor, Arizona law requires a parent, legal guardian, or person who has legal custody of the minor to file the petition — unless the court determines otherwise. The minor is listed as a specifically designated protected person in the order. The same qualifying relationship requirements apply.

If You Already Have a Protection Order From Another State

If you move to Arizona with a valid protection order issued by another state, a U.S. territory, or a tribal court, Arizona courts are required to enforce it as though it were issued here. Carry a certified copy of the order with you and keep it accessible whenever you may need law enforcement's help.

This article is general legal information, not legal advice. Arizona law and local court procedures can change; confirm current requirements with your Arizona court or a licensed attorney before taking action.