Protective Orders


There are two types of Protective Orders: An Order of Protection and an Injunction Against Harassment. Both types are initiated by filing a Petition. Their purpose is to restrain a person from committing an act of domestic violence or harrassment. These types of cases are given high priority because of the nature of the violations.

Protective Orders are only heard between normal business hours, which are Monday through Friday from 8:00 a.m. to 11:00 a.m. and from 1:30 p.m. to 4:30 p.m.

Court staff will provide the appropriate petition form at no charge or you may may complete and print the appropriate forms from this site:

http://www.azcourts.gov/domesticviolencelaw/ProtectiveOrderForms.aspx

The required forms to print from the above site are:  Plaintiff's Guide Sheet, Defendant's Guide Sheet, General Petition, and Service of Process Form.

You must submit the form in person at the court.

There is no fee for filing a petition for a protective order. After normal court hours, during the weekend and holidays, any police officer can assist you in obtaining an emergency order of protection.

When is it effective? The Order is effective only after a copy of the Order has been served on the defendant.

How long is it effective? An Order expires one year from the date the defendant was served with a copy of the Order.

ORDERS OF PROTECTION A.R.S. 13-3601(A)

When seeking relief from harassment or domestic violence, the relationship test determines if you need an Order of Protection or an Injunction Against Harassment. To obtain an Order of Protection, the abusive party (defendant) must be one of the following:

  1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

  2. The victim and the defendant have a child in common.

  3. The victim or the defendant is pregnant by the other party.

  4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

  5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
  6.  The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.  The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

             a.       The type of relationship.

            b.      The length of the relationship.

            c.       The frequency of the interaction between the victim and the defendant.

            d.      If the relationship was terminated, the length of time since the termination.

Yuma Municipal Court being a limited jurisdiction court, will not issue an Order of Protection if the petition reveals that an action for maternity, paternity or annulment, dissolution of marriage or legal separation is pending A.R.S. 13-3602(P). If, after issuance of an Order, the court determines that a domestic relations action is pending, all documents relating to the Order shall be promptly transferred to the Superior Court.