Domestic Violence Information and Resources

“Defendant” the person or entity against whom a criminal or civil case is filed. Some states use the term respondent instead of defendant in divorce and family law cases. Nolo.com

"Domestic violence" means attempting to cause or causing bodily injury to a family or household member or placing a family or household member by threat of force in fear of imminent physical harm. ARS 36-3001(2)

“Order of Protection” is a court order issued by the court to prevent persons from committing acts of domestic violence or harassment against others as outlined in ARS 13-3602.

“Plaintiff” is the person, corporation, or other legal entity that initiates a lawsuit seeking damages, enforcement of a contract, or a court determination of rights. In certain states and for some types of lawsuits, the term petitioner is used instead of plaintiff. Nolo.com

Arizona Revised Statutes §§ 13-3601 through 13-3601.02: These Arizona statutes govern domestic violence including definition, sentencing options, treatment, and aggravated domestic violence.

Arizona Revised Statute §13-3602: This Arizona statute governs orders of protection.

Arizona Revised Statute §33-1318: This Arizona statute governs early termination of a lease by a tenant due to mitigating factors including domestic violence.

Arizona Revised Statutes §§ 36-3001 through 36-3009: These Arizona statutes govern domestic violence services including funding and shelters.

Arizona Rules of Protective Order Procedure: Describes the protective order process, and rules in the court system. 

Orders of Protection are a type of restraining order that are issued to prevent continuing acts of family violence. Family violence is defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child.

It is intended to prevent the offending person from contacting you. A judge can order that the offending person (defendant) not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence, work, school or other locations. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition.

You may apply for an Order of Protection if you meet the following requirements:

The defendant is:

• Your spouse or your former spouse.
• Your roommate or your former roommate.
• The father or mother of your child or your unborn child.
• A person that you were previously or are currently involved with either romantically or sexually.
• Your parent, grandparent, brother, sister, child, or grandchild.
• Your spouse's parent, grandparent, brother, sister, child or grandchild.

See more information on our site here: https://superiorcourt.maricopa.gov/llrc/orders-of-protection/

AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Through a guided interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. The portal will also help you figure out whether you (the plaintiff) and the person from whom you are seeking protection (the defendant) have a qualifying relationship for an Order of Protection. Your information will be saved in AZPOINT for up to 90 days. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Go to AZPOINT. 

Your application is not complete until you have a court hearing.

Your AZPOINT interview is complete when it is "court ready" and you get a confirmation number.  Then, you must either call the court to schedule a remote hearing or come into the court for your hearing.

• For a remote hearing at the Maricopa County Superior Court, call the court at: 602-506-7353 with your confirmation number. Staff will gather information from you, process your request and call you back with the date and time of your hearing.
• To have your hearing in person, bring your confirmation number to any of our Superior Court locations.
• You may also go to any other court (Municipal or Justice) in the state to have your Order of Protection hearing. However, if you have a pending family court case involving the same parties, you must have your Order of Protection hearing in the same county Superior Court. 

Additional assistance may be obtained from domestic violence advocates. While NOT attorneys, domestic violence advocates may be able to answer questions about the process, provide resources and potentially refer victims to shelters and other organizations. Domestic violence advocates may also be able to accompany victims to hearings related to domestic violence. For a list of advocates and contact information, please go here: https://superiorcourt.maricopa.gov/llrc/domestic-violence-advocates/

The Superior Court in Maricopa County has created forms that you can use. Please be sure to read the checklist for each packet to ensure the forms are right for your situation.

Notice Regarding Exclusive Possession of Shared Residence: Use this form when you have moved out of a home you were given exclusive use under an Order of Protection. You must notify the court when this happens. En Español.

Order of Protection Request for Hearing: Use this form ONLY when you are unable to go in person to one of the four Protective Order locations to complete the forms, you have contacted and spoken to Protective Order staff at 602-506-7353, an Order of Protection, Injunction Against Harassment, or Injunction Against Workplace Harassment has been filed against you, and you want to tell the Court why that ruling should be changed or stopped. There may be other documentation that must be filed along with this form to request a hearing.

Forms to apply for a protective order can be completed using AZPoint or you can complete the forms in person. Forms are completed online only. Staff can assist you with the computer if needed.

These resources are available at the downtown Phoenix location, and online when indicated. 

Arizona Supreme Court. “Domestic Violence Information”, https://www.azcourts.gov/domesticviolencelaw/Domestic-Violence-Information/Domestic-Violence-Resources.

Arizona Supreme Court. “Domestic Violence Resources”, https://www.azcourts.gov/domesticviolencelaw/Domestic-Violence-Resources.

Cantor, I., and Smith, C. M., Arizona Practice: Marriage Dissolution Practice (volume 3). Thomson Reuters: Eagan, MN, KFA 2500 .S65. Also available on Westlaw.

City of Mesa. “Domestic Violence Awareness”, https://www.mesaaz.gov/Public-Safety/City-Prosecutor/Domestic-Violence-Awareness.

City of Phoenix. “Domestic Violence Frequently Asked Questions”, https://www.phoenix.gov/administration/departments/law/prosecutor/crime-victim-services-center/domestic-violence/faqs.html.

Community Legal Services. “Domestic Violence”, https://clsaz.org/legal-practice-areas/domestic-violence/.

Donaldson, Monica. “Advanced family law”, KFA2494 .A45 2013. Only available at our Downtown location.  

Maricopa County Attorney’s Office. “Domestic Violence”, https://maricopacountyattorney.org/298/Domestic-Violence

Maricopa County Superior Court. “Domestic Violence Resources”, https://superiorcourt.maricopa.gov/llrc/dv-resources/.

Maricopa County Superior Court. “Lay Legal Services” [domestic violence advocates], https://superiorcourt.maricopa.gov/media/dnif03fz/lay-legal-english.pdf. En Español.