Arizona Domestic Violence Protection Order – Comprehensive Attorney Template
[// GUIDANCE: This template is drafted for licensed attorneys to customize and submit to an Arizona Superior, Municipal, or Justice Court under A.R.S. § 13-3602 and the Arizona Rules of Protective Order Procedure (ARPOP). It is NOT a self-help form and does not create an attorney-client relationship. Verify current statutes, court-specific local rules, and service requirements before filing.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (N/A)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
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Title.
DRAFT ORDER OF PROTECTION (DOMESTIC VIOLENCE) – STATE OF ARIZONA -
Court & Caption.
IN THE [COURT NAME] OF THE STATE OF ARIZONA
County: [COUNTY]
Case No.: [CASE NUMBER] -
Parties.
a. Petitioner: [PETITIONER LEGAL NAME], an individual, on behalf of themself and, if applicable, the Protected Children listed below.
b. Respondent: [RESPONDENT LEGAL NAME], an individual. -
Effective Date.
This Order becomes effective upon service on Respondent and remains in force for the statutory period set forth in A.R.S. § 13-3602(K) [currently two (2) years], unless sooner modified, dissolved, or superseded by further court order. -
Jurisdiction & Venue.
Jurisdiction is proper pursuant to A.R.S. § 13-3602 and venue lies in this Court because the alleged acts of domestic violence occurred, and/or the parties reside, within this county. -
Recitals – Findings by the Court.
a. The Court has reviewed Petitioner’s verified petition and any supporting evidence.
b. The Court finds reasonable cause to believe that:
i. Respondent has committed an act of domestic violence defined in A.R.S. § 13-3601(A); and
ii. Petitioner (and/or Protected Children) is in danger of future domestic violence.
c. Immediate injunctive relief is necessary to prevent harm.
II. DEFINITIONS
For purposes of this Order, capitalized terms have the meanings set forth below:
- “Court” – The Arizona court that issues this Order.
- “Order” – This Order of Protection, including any attachments or subsequent modifications.
- “Petitioner” – The party seeking protection.
- “Respondent” – The party against whom protection is sought.
- “Protected Children” – Minor child(ren) of the parties or in Petitioner’s care, identified as: [CHILD NAME(s), DOB(s)].
- “Contact” – Any form of communication, direct or indirect, including in-person, telephone, text, e-mail, social media, third-party contact, or physical proximity within [DISTANCE] feet/yards.
- “Residence” – The dwelling at [ADDRESS] or any location where Petitioner or Protected Children are residing.
- “Firearm” – Any weapon defined as a firearm under A.R.S. § 13-105(19).
- “Service” – Lawful delivery of this Order to Respondent by a peace officer or process server pursuant to ARPOP.
III. OPERATIVE PROVISIONS
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Prohibited Conduct.
a. No Contact. Respondent SHALL NOT initiate or engage in Contact with Petitioner or Protected Children.
b. Stay-Away. Respondent SHALL remain at least [DISTANCE] feet from Petitioner, Protected Children, Residence, school(s), workplace(s), daycare(s), and any other location listed: [SPECIFY].
c. Harassment & Surveillance. Respondent SHALL NOT harass, threaten, intimidate, surveil, or photograph Petitioner or Protected Children.
d. Third-Party Relaying. Respondent SHALL NOT cause or permit any third party to violate this Order. -
Exclusive Use of Residence.
Petitioner is awarded exclusive use and possession of the Residence. Respondent SHALL immediately vacate the Residence and remove only personal effects in the presence of a peace officer at a date/time arranged through law enforcement. -
Prohibition on Firearms & Ammunition.
a. Surrender. Respondent SHALL surrender all Firearms, ammunition, and permits to [LAW ENFORCEMENT AGENCY] within twenty-four (24) hours of service of this Order.
b. Transfer & Return. Law enforcement shall maintain custody until this Order expires or is modified, subject to statutory procedures for return. -
Temporary Child Custody & Parenting Time (if requested & granted).
a. Sole Legal Decision-Making. Petitioner is granted temporary sole legal decision-making authority over Protected Children.
b. Parenting Time. Respondent’s parenting time is:
i. Suspended; or
ii. Supervised at [SUPERVISED VISITATION CENTER] pursuant to the schedule attached as Exhibit A.
[// GUIDANCE: Tailor to facts and ensure consistency with any existing family-court orders.] -
Support (Optional).
The Court reserves jurisdiction to enter temporary child or spousal support orders under A.R.S. § 25-315. -
Address Confidentiality.
Petitioner’s address shall remain confidential and shall not appear in public records except for law-enforcement purposes. -
Law-Enforcement Assistance.
Any Arizona peace officer, upon probable cause, SHALL arrest Respondent without warrant for a violation of this Order pursuant to A.R.S. § 13-3602(O). -
Service & Entry into NCIC/ACIC.
The [LAW ENFORCEMENT AGENCY] SHALL serve Respondent promptly and enter this Order into the National Crime Information Center (NCIC) and Arizona Crime Information Center (ACIC) databases.
IV. REPRESENTATIONS & WARRANTIES
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Petitioner’s Certifications.
Petitioner certifies under penalty of perjury that the allegations in the petition are true and correct to the best of Petitioner’s knowledge. -
Respondent’s Representation of Compliance.
Upon service, Respondent is deemed to represent that Respondent will comply fully with this Order. -
Court’s Limited Warranties.
The Court makes no findings with respect to civil liability between the parties; this Order is limited to prospective injunctive relief.
V. COVENANTS & RESTRICTIONS
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Respondent’s Covenants.
a. Compliance. Respondent SHALL strictly comply with all terms herein.
b. Surrender Confirmation. Within twenty-four (24) hours of Firearm surrender, Respondent SHALL file proof of surrender using Form [NUMBER] with the Clerk.
c. Address Changes. Respondent SHALL update the Clerk with any change of address within five (5) days. -
Petitioner’s Covenants.
a. Cooperation. Petitioner SHALL cooperate with service and provide law enforcement any additional information required.
b. Notice of Material Changes. Petitioner SHALL inform the Court of any significant change affecting the need for protection.
VI. DEFAULT & REMEDIES
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Events of Default.
Any violation of Section III constitutes an Event of Default. -
Remedies.
a. Criminal Enforcement. Violation may result in arrest under A.R.S. § 13-2810 and prosecution as a class 1 misdemeanor.
b. Contempt. The Court may impose civil or criminal contempt sanctions, including jail, fines, and attorney’s fees.
c. Civil Remedies Preserved. Petitioner retains all civil remedies for damages arising from Respondent’s conduct. -
Attorney’s Fees & Costs.
Upon motion and showing of willful violation, the Court MAY award Petitioner reasonable attorney’s fees and costs.
VII. RISK ALLOCATION
[NOT APPLICABLE. Indemnification, liability caps, and insurance provisions are irrelevant to a judicial protection order.]
VIII. DISPUTE RESOLUTION
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Governing Law.
This Order is governed by the laws of the State of Arizona. -
Forum Selection.
The [COURT NAME] retains exclusive jurisdiction for any motion to modify, quash, or enforce this Order. -
Arbitration.
Not available for matters arising under domestic-violence protective-order statutes. -
Jury Trial.
Jury trial is not applicable to protective-order proceedings. -
Injunctive Relief Preservation.
Nothing in this Section shall limit Petitioner’s right to seek additional injunctive relief or emergency orders.
IX. GENERAL PROVISIONS
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Modification & Termination.
Either party may petition to modify, quash, or extend this Order in accordance with A.R.S. § 13-3602(L) and ARPOP Rule [NUMBER]. The Court shall provide notice and set a hearing within the statutory timeframe. -
Severability.
If any provision of this Order is found unenforceable, the remaining provisions shall remain in full force. -
Integration.
This Order constitutes the entire protective-order relief granted by the Court as of the Effective Date. -
Copies & Service of Order.
Certified copies shall be provided to Petitioner, law enforcement, and any other person the Court deems appropriate. -
Electronic Signatures & Counterparts.
The Court may issue this Order with an electronic signature in compliance with Arizona Supreme Court administrative orders.
X. EXECUTION BLOCK
ISSUED and SIGNED this _ day of __, 20, at _ a.m./p.m.
[JUDGE NAME]
Judge of the [COURT NAME]
Acknowledgment of Service
I, ____, a duly authorized [peace officer/process server], certify that on //_ at a.m./p.m., I personally served a true and correct copy of this Order of Protection on Respondent at the following location: _______.
Signature & Badge/ID No.
Respondent – Receipt & Notice
I, ______, acknowledge receipt of this Order and understand its terms. I further understand that violation of this Order is a criminal offense and may lead to my arrest.
_______ Date: //____
Respondent Signature
[// GUIDANCE: Arizona law does NOT require Respondent’s signature for enforceability; this acknowledgment is optional and may assist in later contempt proceedings.]
Notary / Verification (Petitioner’s Original Petition)
State of Arizona )
County of ______ ) ss.
SUBSCRIBED AND SWORN before me this ___ day of _, 20, by [PETITIONER NAME].
Notary Public
My Commission Expires: _______
Professional Disclaimer
This template is provided for informational purposes to licensed attorneys. It does not constitute legal advice. Statutes, rules, and local practices change; counsel must verify all citations, deadlines, and procedural requirements before use.