Your Rights when Served with a Protective Order in Arizona

If you have been served with a protective order in Arizona, understand your rights and responsibilities. There are three types of orders you may be served:

  • An injunction against harassment means someone alleges you have committed multiple acts of harassment within the last year.
  • An injunction against workplace harassment is filed by an employer on behalf of an employee who alleges you have been harassing them.
  • An Order of Protection means someone alleges an act of domestic violence, or that they have reason to fear such an act.

Your Responsibilities

The order will specify the person or people you are not allowed to contact, and any locations you must avoid. These restrictions are valid for one year, and apply no matter where you go in the U.S. (including tribal nations).

Do not contact the person who filed the order, even if they initiate contact with you.

If a judge has ordered you to surrender your firearms, you must do so within 24 hours of receiving the order. In some cases, you will not be allowed to possess firearms while the order is in effect.

Your Rights

You can file a written request for a hearing at any point during which the order is in effect. The hearing will be held 5 to 10 business days after the court files your request. Requests and hearings take place at the court that issued the order.

You should know that protective orders do expire after one year, at which point the plaintiff has to renew it. They do not automatically renew.

If the person who filed the order contacts you, you have the right to request a protective order against them. A judge will review your request and may or may not grant it.

If you need to collect personal belongings from one of the locations listed on the order, you may do so with an on-duty police officer whose role is to keep the peace. They cannot resolve any disputes or overturn the protective order. They simply accompany you to make sure nothing goes wrong.

The only way to overturn a protective order is through a hearing. For that, it’s best to have an attorney on your side.

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