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Tempe
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Served With a Protective Order in Arizona?
Your Rights Are on the Line.
An order of protection under ARS 13-3602 can remove you from your home, suspend your firearm rights, and follow you into any related criminal or family court case. You have a limited window to request a hearing, and we recommend you promptly speak to an attorney experienced in contesting protective orders in Maricopa County.
An order of protection can take your home, your children, and your firearms before you know it exists. Under ARS 13-3602, a judge can issue one based on nothing more than the petitioner’s written statement, with no notice to you and no chance for you to respond. You find out when a deputy hands you the paperwork, and by then the order is already in force.
The most important thing to know is that you have a right to contest it, but only if you ask. An ex parte order stays in place for one full year from the date you are served unless you file a written request for a hearing. Most people do not realize the clock is running, and they live under an order they never had a chance to challenge.
Matthew Lopez Law represents clients contesting orders of protection across Arizona. Contact our firm for a confidential consultation.
People assume an order of protection just means “stay away.” The relief a judge can grant under ARS 13-3602 goes much further:
Arizona has two civil protective orders, and which one applies depends on your relationship to the petitioner.
| Order of Protection (ARS 13-3602) | Injunction Against Harassment (ARS 12-1809) | |
| Relationship required | Yes, a qualifying domestic relationship | No, anyone can file |
| Typical use | Domestic violence or threats between family, spouses, partners | Neighbors, coworkers, strangers, repeated harassment |
| Can remove you from a home | Yes | No |
| Can address child custody | Yes | No |
| Can order firearm surrender | Yes | No |
The qualifying relationships mirror the domestic violence statute: spouses and former spouses, people who live or lived together, co-parents, people expecting a child together, and various blood and in-law relatives.
An ex parte order must state on its face that you are entitled to a hearing on written request, along with the address of the judicial office where you file that request. Once you request it:
This hearing is your one meaningful opportunity. It is a contested evidentiary proceeding where both sides present testimony and evidence. Going in without counsel, against a petitioner who may have an attorney and a prepared narrative, is how valid challenges get lost.
The order itself carries a statutory warning that disobeying it subjects you to arrest and prosecution. A violation is charged as interfering with judicial proceedings under ARS 13-2810, a Class 1 misdemeanor, and it can be designated a domestic violence offense, which brings its own consequences.
This is where people destroy otherwise winnable cases. A single text asking to talk things over, a message passed through a mutual friend, or showing up at a child’s school can each be a separate criminal charge. The order binds only you. If the petitioner contacts you, that is not a defense to your response.
Beyond Arizona’s surrender provision, federal law bars firearm possession by people subject to qualifying protective orders. The U.S. Supreme Court addressed this directly in United States v. Rahimi in 2024, upholding the federal prohibition where the order includes a finding that the person poses a credible threat to the physical safety of a protected person. For anyone whose job depends on carrying a firearm, a protective order can end a career.
No qualifying relationship. If you and the petitioner do not fit an ARS 13-3602 relationship category, the order should have been an injunction against harassment instead, with far narrower relief.
No act of domestic violence. The petitioner must show reasonable cause to believe you committed an act of domestic violence or may commit one. Allegations that describe an argument, a bad breakup, or ordinary conflict without any qualifying act can fail this standard.
Improper motive. Orders of protection are frequently sought for tactical advantage during a divorce or custody fight, or simply to remove someone from a shared home without a formal eviction. Evidence of that motive, including the timing relative to a family court filing, matters at the hearing.
Contradictory evidence. Text messages, emails, and witness accounts often contradict the sworn petition. Continued friendly contact after the alleged incident is especially persuasive.
Overbroad relief. Even where some order is appropriate, the specific provisions may reach further than the facts justify. The court can narrow an order rather than leaving it intact.
When an order of protection arises alongside a divorce or custody matter, the two proceedings feed each other. Testimony you give at the protective order hearing can be used in family court and in any criminal case. Decisions about what to contest, what to concede, and whether to testify at all need to be made with the whole picture in view, not one hearing at a time.
An order of protection is issued in minutes and lasts a year. The hearing that can undo it has to be requested in writing, and it happens fast once you ask. Getting counsel involved before that hearing is what separates a quashed order from twelve months of restrictions on where you live and whether you see your children.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Payment plans available. Every interaction confidential.
Contact us for a free consultation.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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