Served With a Protective Order in Arizona? Know Your Rights and Options

Phoenix criminal defense attorney David Black explains Arizona orders of protection and injunctions against harassment, including possible restrictions, domestic violence allegations, protected speech, and whether challenging the order may be appropriate. If you have additional questions about your case, contact us for a free consultation. Chapters: 00:00 Served With a Protective Order in Arizona 00:22 Three Types of Arizona Protective Orders 00:39 Orders of Protection and Domestic Violence 01:15 What Qualifies as a Domestic Relationship? 01:38 Injunctions Against Harassment 01:59 Restrictions a Protective Order Can Impose 02:24 Protective Orders and Free Speech Rights 02:51 Should You Challenge the Protective Order? 03:16 Getting a Protective Order Case Reviewed Law Office of David A. Black 40 North Central Avenue Suite 1850 Phoenix, Arizona 85004 480-280-8028 Transcript: Hey, this is David Black. I'm a criminal defense lawyer in Phoenix, Arizona. I'm going to give you the full details on what happens if you've been served with a protective order. First of all, what is a protective order? Second of all, what are what does it mean? What are my options? And what does it look like fighting it or not fighting it? So, uh what is a protective order? There are three main types of protective orders in Arizona. Uh there are orders of protection, injunctions against harassment, and injunctions against workplace harassment. We're going to talk about orders of protection and injunctions against harassment. Workplace harassment is essentially the same as an injunction against harassment. So the main difference between an order of protection and an injunction against harassment is that an order of protection involves domestic violence or allegations of domestic violence. So what is an allegation of domestic violence? sufficient to uphold an order of protection in Arizona. Uh it is uh anything that establishes that an act of domestic violence has occurred in the last 12 months or could occur in the next 12 months. You've been served with an order of protection. You're like, I never committed any violence. I am a non-violent person. Very well. Unfortunately, domestic violence doesn't require actual violence. It just describes uh section uh 133601 of the Arizona revised statutes which uh includes any number of the enumerated statutes in there could include uh disorderly conduct, harassment, stalking, could include assault u any of those as long as you have a domestic violence relationship. So a romantic relationship, a a parent, child, a blood relative, uh roommates, those sorts of things. Now, an injunction against harassment, it has the same purpose. Uh, it's it's a restraining order is what it is. Uh, but it does not involve romantic partners. It involves non-romantic partners and an allegation of harassment. So, uh, you've been served with one of these two orders. What does it mean? Well, it means that you can't do certain things. You are restrained from doing certain things. So, what are the sorts of things that this order can properly restrain you from doing? Well, it can restrain you from going places. It can restrain you from contacting people. It can restrain you from seeing your own children. It could restrain you from going to your own jobs. So, these are some of the more serious things that it could do. Now, what can it do? It can't restrain you from protected speech. So, the First Amendment is still very important and alive as as evidenced by a recent Arizona case that just came out in 2026. But the uh the the general idea is that we have a right to say certain things, but we don't have a right to contact people if the court says we can't contact them. So, if you've been served, be really careful. Give us a call. I will immediately ask you to send over a copy of the petition or one of the lawyers that I work with. We will analyze it. We'll tell you our honest opinion. We turn away more of these cases than any other in part because of the fees shifting statute. We never want to be responsible for you incurring our fees and the other sides, but also we like to win and and these are winnable and when they're not winnable, there's no sense in challenging them. So, we will be as direct and honest as we can. We'll analyze the case uh and and tell you candidly if it makes sense to hire us or or or counsel generally. We can be reached at 480280828. Thank you.