How to Get an Order of Protection Dismissed in Arizona

How to Get an Order of Protection Dismissed in ArizonaAn Order of Protection is a court order that’s meant to shield victims of domestic violence from their offenders. It can order the defendant to cease contact with the alleged victim, keep away from the alleged victim’s home, and in some cases, relinquish parental rights if they have children. If an Order of Protection has been given against you and you disagree with it, you have the opportunity to raise your dispute to the court.

Here’s how to get an Arizona protective order dismissed or modified. For legal advice suited to your specific situation, please consult a trusted Family Law attorney.

Getting a Hearing to Dismiss Order of Protection

An Arizona Order of Protection has a one-year validity period, starting from the date of service to the defendant. Within this one-year period, the defendant is entitled to one court hearing where the plaintiff (the party who filed for protection) will have to prove their allegations against the defendant. The judge will then decide whether to uphold the order, modify some parts of it, or dismiss it entirely (also known as quashing the order).

To get a hearing on a protective order, the defendant must file a request with the same court that issued the order. In Maricopa County, the requesting defendant needs to visit one of the county’s Law Library Resource Centers for the forms and procedure of the hearing request. Center addresses are as follows:

  • Downtown Phoenix – East Court Building, 101 West Jefferson, 1st floor, Phoenix, Arizona 85003. Phone: (602) 506-7353
  • Northeast Court Facility – 18380 North 40th Street, Phoenix, Arizona 85032. Phone: (602) 506-7353
  • Southeast Court Facility – 222 East Javelina Avenue, 1st floor, Mesa, Arizona 85210. Phone: (602) 506-7353
  • Northwest Court Facility – 14264 West Tierra Buena Lane Surprise, Arizona 85374. Phone: (602) 506-7353 

If the defendant cannot personally appear for form-filing, they need to call the center and ask for online filing.

Once they have filed the hearing request, the court will schedule the hearing within 5 to 10 business days. Both the plaintiff and the defendant will be notified of the hearing date.

Can a Plaintiff Dismiss the Protective Order?

In some cases, the plaintiff themselves may change their mind about the order of protection and may wish to change or dismiss it. In Arizona, only a judge can modify or quash a protective order. However, the plaintiff may request for this modification or dismissal at any time during the order’s validity.

If a plaintiff wants to request the court to dismiss or quash a protective order, they must file a motion at one of the Law Library Resource Centers enumerated above. The plaintiff has to provide identification during filing. They will then need to appear before a judge to explain their reason for wanting to change or dismiss the order.

How to Dismiss an Injunction Against Harassment in Arizona

An Injunction Against Harassment is a similar legal protection for victims of harassment, except it can be ordered even when there isn’t any relationship between the alleged victim and alleged offender. The process to request a modification or dismissal of this injunction is the same as above: the defendant has to request a hearing where the judge determines whether to uphold, modify, or quash the injunction.

Call a Protective Order Attorney in Arizona 

Whether you’re in need of a protective order or are trying to defend yourself against one, the  lawyers at Goldman Law can help you. We are top-rated Family Law attorneys with over 25 years of combined experience obtaining favorable outcomes for our clients, even in the most complicated family situations. Talk to us about your protective order concern. Call us at (602) 698-5520 for a consultation.