When you’re facing the threat of harm from someone you know, it can feel like your world has turned upside down. Emotions run high, and decisions feel overwhelming. At Nye Family Law, we know how difficult it is to come forward and ask for legal protection, especially when the person threatening your safety is someone you once trusted.
As a family law attorney in Mesa, AZ, we help clients take control of their safety and their future through Arizona’s legal protections for victims of domestic violence, harassment, or abuse. An order of protection is more than just a piece of paper—it can create real distance between you and the danger, backed by the enforcement power of the court.
Whether you need immediate help or want to understand your legal options, our Mesa family lawyers are here to support you with clarity, compassion, and legal strength.
What Is an Order of Protection in Arizona?
An order of protection is a court-issued document intended to prevent acts of domestic violence or harassment by someone with whom the petitioner shares a domestic relationship. In Arizona, this legal tool falls under A.R.S. § 13-3602, which gives judges the power to restrict an individual (the defendant) from contacting or approaching the protected person (the plaintiff).
This order can include provisions such as:
- Preventing all forms of communication (calls, texts, emails, messages)
- Requiring the defendant to stay away from your home, workplace, or school
- Temporary custody arrangements
- Firearm surrender in some cases
If the person named in the order violates its conditions, they may be arrested and charged with a crime. For many of our clients, a court order brings the first sense of safety and peace they’ve had in a long time.
Who Can Get an Order of Protection in Mesa?
Arizona law allows individuals to file for an order of protection if the person they are seeking protection from is:
- A current or former spouse
- A current or former romantic partner
- A parent, child, sibling, grandparent, or other blood relative
- Someone who lives or has lived in the same household
- The parent of a shared child, even if they never lived together
- A person with whom the plaintiff is currently pregnant
In addition to the relationship requirement, the person requesting protection must show that the defendant committed or may commit an act of domestic violence.
According to the Arizona Coalition to End Sexual and Domestic Violence, nearly 36% of women and 29% of men in Arizona have experienced intimate partner physical violence, rape, or stalking in their lifetimes. Orders of protection exist to break that cycle and prevent further harm.
Types of Protection Orders in Arizona
We often help clients understand the differences between the types of protective orders available in Arizona:
1. Order of Protection
This applies when there’s a domestic relationship between the parties and is designed to prevent domestic violence. It can be granted even if no criminal charges have been filed.
2. Injunction Against Harassment
This is for situations where the parties do not have a domestic relationship, like neighbors, coworkers, or acquaintances, but there is still a pattern of harassment or threatening behavior.
3. Emergency Order of Protection (EOP)
Issued after hours or on weekends by an on-call judge when there is an immediate and present danger of domestic violence. This temporary protection lasts until the next court day.
4. Injunction Against Workplace Harassment
Filed by an employer to protect employees or the workplace from threats, stalking, or violence.
As experienced Mesa family lawyers, we help you determine which type of protection best fits your situation and file the correct petition.
How to File for an Order of Protection in Mesa
Filing for an order of protection is often the first legal step a person takes after experiencing abuse. The process in Maricopa County typically involves:
- Filing a Petition: You must complete a petition describing the relationship and the acts of domestic violence that justify the order. You’ll do this under oath.
- Initial Judicial Review: A judge will review the petition and may grant a temporary order without notifying the other party.
- Serving the Order: Once the judge signs the order, it must be served on the defendant before it becomes effective. Law enforcement usually does this.
- Request for Hearing (if applicable): The defendant has the right to request a hearing within 10 days of being served. At that hearing, both parties present evidence, and the judge decides whether the order should remain in effect.
We assist clients with every stage of this process to ensure all forms are accurate and legally sound, increasing the chances of a successful outcome.
How Long Does an Order of Protection Last?
In Arizona, an order of protection remains valid for two years from the date it is served. If it is not served within one year of being issued, it becomes void. During its effective period, any violations are taken seriously and may result in criminal charges, including arrest and jail time.
We can also help you renew or modify the order if circumstances change, especially in high-conflict custody situations or when new threats arise.
What Happens If the Order Is Violated?
If the restrained person disobeys the court order in any way, law enforcement has the authority to arrest them on the spot—even without a warrant. Under A.R.S. § 13-2810, interfering with judicial proceedings, including violating an order of protection, is a class 1 misdemeanor, punishable by up to six months in jail and fines.
We help you understand your rights, document the violation, and take legal action swiftly to ensure continued protection.
How an Experienced Mesa Order of Protection Attorney Can Help
Filing for an order of protection may seem straightforward, but the details matter. Missing information, inconsistent statements, or unclear facts can cause delays or denial. As a trusted Mesa order of protection attorney, we handle all aspects of the case, including:
- Listening to your story and identifying legally significant details
- Drafting and filing your petition professionally and urgently
- Coordinating with local law enforcement and the court to ensure prompt service
- Representing you in court if a hearing is scheduled
- Connecting you with community resources and support services
Many people come to us after a failed attempt to secure protection on their own. You don’t have to go through this process alone. We have helped many Mesa and Maricopa County clients regain control through protective legal action.
Domestic Violence and Family Law: The Bigger Picture
Orders of protection often go hand-in-hand with other family law matters, including divorce, custody, and child support. Arizona courts take allegations of abuse seriously when making decisions about parenting time. In some cases, the order of protection may include temporary custody provisions to protect children from exposure to violence.
As a full-service family law attorney in Mesa, AZ, we are equipped to manage the broader legal picture while keeping your immediate safety a top priority.
Frequently Asked Questions
Can I file for an order of protection on behalf of someone else?
Yes, parents or legal guardians can file for a minor child. In some cases, a legal representative can petition for an adult who is incapacitated or otherwise unable to file independently.
Do I need evidence to get an order of protection?
You must describe at least one act of domestic violence and provide enough details to give the judge reasonable cause. While evidence like photos, texts, or police reports strengthens your case, a temporary order is not always required.
Can the defendant fight the order?
Yes. Once served, the defendant can request a hearing, where both parties present their sides. We will represent you in that hearing to advocate for the continued enforcement of the order.
What if the defendant lives out of state?
Out-of-state defendants can still be served, and the Arizona order will remain valid. Law enforcement may coordinate with the other state’s authorities to ensure service.
Is my order of protection valid outside Arizona?
Yes. Thanks to the federal Violence Against Women Act (VAWA), protection orders are valid in all 50 states. We advise our clients to travel or relocate safely while remaining protected.
Will this show up on the defendant’s criminal record?
An order of protection is civil, not criminal. However, if the defendant violates it, the violation will result in criminal charges and appear on their record.
Contact Our Mesa Family Lawyer Today
If you’re in danger or living in fear of domestic violence or harassment, you don’t have to face it alone. At Nye Family Law, we provide immediate legal support to help you regain control and feel safe again. Our team of compassionate and experienced attorneys knows how to move quickly, file the proper paperwork, and make your voice heard in court.
Contact us today for a confidential consultation with a Mesa order of protection attorney. We’re here to protect your safety, rights, and peace of mind—every step of the way.
