Arizona Restraining Orders: Injunctions Against Harassment & How to File

Arizona does not actually issue a document called a "restraining order." What most people mean by that term is one of two civil protective orders: an Order of Protection under A.R.S. § 13-3602, which applies when you have a domestic relationship with the person you need protection from, or an Injunction Against Harassment under A.R.S. § 12-1809, which covers everyone else — the neighbor, the ex-friend, the coworker, the stranger who will not stop showing up. A third order, the preliminary injunction under A.R.S. § 25-315, issues automatically in every Arizona divorce and legal separation case.

Which order you need is determined by law, not preference, and filing for the wrong one is the most common reason petitions get bounced. This guide explains how each order works, how to file in Maricopa County, what judges look for, and what happens after the order is served.

The Two Main Protective Orders, Compared

Orders of Protection: A.R.S. § 13-3602

An Order of Protection is the stronger of the two orders, and it is reserved for people who have — or had — a qualifying domestic relationship with the defendant as defined in A.R.S. § 13-3601. You qualify if the defendant is or was your spouse; someone you live with or lived with; the other parent of your child (or you are pregnant by them); a relative by blood or marriage, including in-laws; or someone you are or were in a romantic or sexual relationship with.

To grant the order, the judge must find reasonable cause to believe the defendant has committed an act of domestic violence within the past year — or may commit one. "Domestic violence" is broader than physical assault: it includes threats, intimidation, criminal damage, disorderly conduct, harassment, stalking, and unlawful imaging under the offenses listed in A.R.S. § 13-3601(A).

Injunctions Against Harassment: A.R.S. § 12-1809

If you have no domestic relationship with the person — a hostile neighbor along your street in Ahwatukee, a former business partner, someone you met once who now will not leave you alone — the correct filing is an Injunction Against Harassment.

The statute defines harassment as a series of acts over any period of time directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, humiliated, or mentally distressed, and that actually has that effect. Two acts are enough to make a "series," but one act ordinarily is not — with a critical exception: a single act of sexual violence supports an injunction on its own.

Arizona also gives employers their own tool: an employer can seek an injunction against workplace harassment under A.R.S. § 12-1810 on behalf of the business and everyone who works there — useful when a threatening person is targeting a storefront or office rather than one individual.

How to File in Maricopa County

Every Arizona court — superior, justice, and municipal — can issue protective orders, so you can file where you live, where the defendant lives, or where the harassment happened. If you have a pending family court case with the defendant (divorce, custody), file in Maricopa County Superior Court so one judge sees the whole picture.

1. Prepare the petition through AZPOINT. Arizona's online portal, the Arizona Protective Order Initiation and Notification Tool (azpoint.azcourts.gov), walks you through the petition from any computer or phone. Your answers are saved and retrievable at any participating court for 90 days.
2. Appear before a judge — usually the same day. Protective orders are issued ex parte, meaning the defendant is not present and is not notified in advance. The judge reviews your petition, may ask questions under oath, and decides on the spot. In Maricopa County you can appear at the Superior Court locations in downtown Phoenix, Mesa (Southeast), Surprise (Northwest), or the Northeast facility off SR-101, as well as at any justice or municipal court.
3. Service on the defendant. The order has no effect until served. Law enforcement or a constable serves Orders of Protection at no charge; private process servers may serve injunctions. The order must be served within one year of issuance or it expires unserved.
4. It takes effect immediately upon service and lasts two years from the date of service.

The Defendant's Right to a Hearing

Because the order issues without the defendant being heard, due process gives the defendant one contested hearing on request at any time while the order is in effect. The court must hold that hearing within 10 business days of the request — within 5 business days if the order kicked the defendant out of a shared home. At the hearing, the petitioner must prove the allegations by a preponderance of the evidence; the judge then continues, modifies, or dismisses the order.

Take the hearing seriously whichever side you are on. It is a real evidentiary proceeding: testimony under oath, exhibits, cross-examination. Petitioners should bring their documentation and witnesses; defendants should understand that a continued Order of Protection carries firearms consequences and a Brady flag in federal databases. This is the point where many people on both sides retain counsel — an experienced Arizona family law attorney can prepare the evidence and examine witnesses within the tight timeline.

Enforcement: What a Violation Costs

A protective order is a court order, not a suggestion. Violating one is prosecuted as interfering with judicial proceedings under A.R.S. § 13-2810, a class 1 misdemeanor punishable by up to six months in jail, up to a $2,500 fine, and probation. A.R.S. § 13-3602(P) directs officers to arrest on probable cause that an Order of Protection has been violated, and prosecutors in Maricopa County charge these cases routinely.

• "But they contacted me first" is not a defense. The order binds the defendant, not the petitioner. If the petitioner reaches out and the defendant responds, the defendant is the one violating the order.
• Indirect contact counts. Messages passed through friends or family, social-media tags, and "likes" have all supported violation charges.
• Firearms. A defendant ordered to surrender firearms who keeps them faces separate charges, and a served Order of Protection after a hearing can trigger the federal prohibition in 18 U.S.C. § 922(g)(8).

The Automatic Divorce Injunction: A.R.S. § 25-315

Separate from both orders above, every Arizona dissolution, legal separation, and annulment case comes with a preliminary injunction that issues automatically under A.R.S. § 25-315 when the petition is filed. It binds the petitioner immediately and the respondent upon service, and it prohibits both spouses from harassing or bothering each other, selling or hiding community property outside the ordinary course, removing the children from Arizona without written consent or a court order, and canceling insurance covering the family.

The § 25-315 injunction is enforceable like any court order, but it is not a substitute for an Order of Protection. If your spouse is threatening or violent during a divorce, you can and should still petition under A.R.S. § 13-3602 — the family court judge handling your case in Maricopa County Superior Court can hear it.

Common Mistakes to Avoid

• Filing the wrong order type. The relationship test in A.R.S. § 13-3601 decides for you. If a judge determines you filed for an Order of Protection without a qualifying relationship, the petition is treated as one for an injunction — but getting it right the first time avoids delay.
• Vague petitions. "He harasses me constantly" gets denied. "On June 3 he followed me from the I-17 park-and-ride to my office and waited by my car; on June 9 he sent 41 text messages, attached" gets granted.
• Letting the order sit unserved. An unserved order protects no one and expires after one year. Follow up with the serving agency and give them the defendant's work schedule, vehicle, and addresses.
• Using the order as a custody tool. Judges see through protective-order petitions filed to gain leverage in a custody dispute, and the family court is the correct venue for parenting-time issues. Misuse can damage your credibility in the divorce case.
• Contacting the other side "to work it out." If you obtained the order, let your attorney communicate. If one was entered against you, zero contact — direct or indirect — until it expires or is dismissed.

Frequently Asked Questions