Quick answer

In Arizona, knowingly disobeying a served order of protection or injunction against harassment is usually charged as interfering with judicial proceedings, a class 1 misdemeanor punishable by up to six months in jail. If the contact also amounts to harassment, it can be charged as aggravated harassment, a felony. The protected person’s permission is not a defense, and only the court can change the order.

What Is a Restraining Order in Arizona?

“Restraining order” is the everyday term. Arizona courts use specific names, and the type of order matters because each has its own rules and length. The most common is the order of protection, which is available when the people involved have a family, household, or romantic relationship. When there is no such relationship, the court issues an injunction against harassment instead.

All of these orders are civil court orders. Being served with one is not a criminal charge. Disobeying one is.

What Are the Types of Protective Orders in Arizona?

OrderWho it coversHow long it lasts
Order of protection (A.R.S. § 13-3602)Spouses and former spouses, people who live or lived together, people with a child in common, certain relatives, and current or former romantic partners (§ 13-3601(A))Two years from service. An order that is never served expires one year after it was issued.
Injunction against harassment (A.R.S. § 12-1809)People without a qualifying relationship, such as neighbors, co-workers, or acquaintancesOne year from service
Injunction against workplace harassment (A.R.S. § 12-1810)Requested by an employer to protect the business and its employeesOne year from service
Emergency order of protection (A.R.S. § 13-3624)Issued by a judicial officer, often by phone after hours, at a police officer’s request after a recent domestic violence incidentSeven calendar days unless the court continues it
No-contact release conditionOrdered by the judge in a criminal case, usually at the initial appearanceGenerally while the criminal case is pending, unless the judge changes it

Did orders of protection change from one year to two?

Yes. The legislature amended A.R.S. § 13-3602 (HB 2604) so that orders of protection served on or after September 24, 2022 last two years from service. Many older sources still say one year. Injunctions against harassment still last one year. The Arizona Supreme Court’s current protective order forms reflect the two-year term (Administrative Directive 2025-06).

What Counts as a Violation of an Order of Protection?

A violation is doing something the order prohibits after it has been served on you. The crime requires that you acted knowingly (A.R.S. § 13-2810). What is prohibited depends on the boxes the judge checked, so the exact wording of your order matters. Common terms include:

  • No contact. Calls, texts, emails, letters, gifts, and direct messages. Many orders also bar contact “through third parties,” so asking a friend or relative to pass along a message can be a violation.
  • Stay away. Going to the protected person’s home, workplace, school, or other places listed in the order (§ 13-3602(G)(3)).
  • Exclusive use of the home. Returning to a shared residence the court awarded to the other person. The statute allows one return, with a law enforcement officer, to get belongings (§ 13-3602(G)(2)).
  • Firearms. Keeping or buying a firearm when the order prohibits it (see below).
  • Other terms. Orders can also cover other named people, pets, and other relief the court finds necessary.

When does the order take effect?

An order of protection is effective on the defendant when a copy of the order and petition is served (§ 13-3602(N)). Before service, contact is not a crime under the order. There is one exception: a person who has actual notice of an emergency order of protection can be penalized for violating it even without personal service (§ 13-3624(F)).

“But they invited me.” The order restricts you, not the protected person. The Arizona Supreme Court’s order forms warn defendants that nothing the plaintiff does can stop, change, or undo the order without the court’s written approval, and that you can be arrested and prosecuted even if the plaintiff contacts you (Admin. Directive 2025-06). If the two of you want contact again, ask the court to modify the order first.

What Are the Penalties for Violating a Restraining Order in Arizona?

Every Arizona order of protection carries a printed warning that disobeying it can lead to arrest and prosecution for interfering with judicial proceedings “and any other crime you may have committed” (§ 13-3602(M)). In practice, a violation can lead to one or more of these charges:

ChargeClassificationMaximum penalty (first offense)
Interfering with judicial proceedings (A.R.S. § 13-2810(A)(2))Class 1 misdemeanorUp to 6 months in jail (§ 13-707), a fine of up to $2,500 plus surcharges (§ 13-802), and up to 3 years of probation (§ 13-902)
Aggravated harassment (A.R.S. § 13-2921.01)Class 6 felony; class 5 for a second or later violation, or when the person has a prior domestic violence conviction against the same victimFor a first, non-dangerous class 6 felony, a prison range of 0.33 to 2 years (§ 13-702(D)), though probation is generally available. A class 6 may also be left undesignated or designated a misdemeanor (§ 13-604).
Any new offenseDepends on the conductAssault, trespass, criminal damage, threatening, or stalking charges can be filed alongside the violation

Is it a domestic violence offense?

Often, yes. Interfering with judicial proceedings and aggravated harassment are both on the list of offenses that become “domestic violence” when the people involved have a qualifying relationship (A.R.S. § 13-3601(A)). Because orders of protection exist only for those relationships, most order-of-protection violations are charged with a DV designation. A DV misdemeanor conviction requires the judge to order a domestic violence offender treatment program (§ 13-3601.01), and it counts toward aggravated domestic violence, a class 5 felony, for a third DV offense within 84 months (§ 13-3601.02). Learn more in our guide to aggravated domestic violence.

Will I be arrested?

You can be. A peace officer may arrest without a warrant on probable cause that the order was violated, even if the officer did not see it happen, and the usual cite-and-release options do not apply to these arrests (§ 13-3602(R)). Any release order must include conditions to protect the alleged victim (§ 13-3602(S)).

When Is Violating a Restraining Order a Felony?

A violation becomes a felony when the conduct also meets Arizona’s definition of harassment and an order was in place. Harassment means conduct directed at a specific person that would seriously alarm, annoy, humiliate, or mentally distress a reasonable person and actually does so, such as repeated unwanted messages or following someone (A.R.S. § 13-2921). It becomes aggravated harassment if, at the time (A.R.S. § 13-2921.01):

  • a served, valid order of protection or injunction against harassment protected that person,
  • an emergency order of protection was in effect,
  • a release condition in a criminal case prohibited contact with that person, or
  • the person had a prior domestic violence conviction involving the same victim.

Harassment can rest on a single communication made in a harassing manner, so one message can support the felony if it meets that definition. Whether the State files the misdemeanor, the felony, or both depends on the facts. For how misdemeanor and felony cases differ in court, see misdemeanor vs. felony charges in Arizona.

Can I Own a Gun If There Is an Order of Protection Against Me?

It depends on what the order says. Not every order of protection includes a firearms ban. The judge may prohibit you from possessing or buying firearms only after finding that you are a credible threat to the physical safety of the protected person. When the judge does, you must transfer your firearms to the law enforcement agency named in the order immediately after service, and no later than 24 hours after service (A.R.S. § 13-3602(G)(4)).

Federal law can also restrict firearm possession for people under certain protective orders, separately from the Arizona order’s own terms. If you own firearms, get advice before you assume you can keep them. See how domestic violence charges can affect gun rights in Arizona.

What Are the Defenses to a Violation Charge?

The State has to prove each element beyond a reasonable doubt. Depending on the facts, a defense may focus on:

  • Service and notice. Was the order actually served before the alleged contact? Is the proof of service accurate?
  • Knowledge. The statute requires a knowing violation. A chance encounter you did not seek out and promptly left is different from going to a place you knew was off limits.
  • The order’s terms. Did the order prohibit the conduct you are accused of? Had it expired, been modified, or been quashed?
  • Proof of who sent it. Messages from shared, spoofed, or hacked accounts must be tied to you.
  • The full context. Who started the exchange, what was actually said, and whether the other evidence matches the accusation.

The protected person’s invitation is not a legal defense, but the facts around it can still matter to how a prosecutor views the case and to any negotiation. A defense lawyer can get the order, the service paperwork, the 911 call, the body-camera video, and the full message history before you decide anything.

Can I Get a Restraining Order Removed or Changed?

Yes, by asking the court that issued it. While an order of protection is in effect, the defendant is entitled to one hearing on written request. The hearing must be held within ten days of the request (five days if the order gave the other person exclusive use of the home), unless the court finds good cause to continue it. After the hearing, the judge can modify, quash, or continue the order (A.R.S. § 13-3602(L)). Injunctions against harassment have a similar hearing right (A.R.S. § 12-1809).

Until a judge signs a new order, the old one stays in force. Testimony at a protective order hearing is given under oath, so if you also have a criminal case, talk to your lawyer before you testify. For a step-by-step look at the first days after service, read what happens after being served with a protective order.

What Should I Do If I’m Accused of Violating an Order?

  • Stop all contact now, including through friends, family, or social media, even if the other person reaches out.
  • Do not discuss the accusation with police until you have spoken with a lawyer.
  • Save everything: the order, the service paperwork, call logs, and complete message threads. Do not delete anything.
  • Follow every release condition set by the court after an arrest.
  • If you want the order changed, request a hearing with the issuing court. Do not rely on the other person’s word.

Accused of violating an order of protection or injunction? Get advice before you respond. Available 24/7.

Call (602) 888-8020

When Should You Call a Defense Lawyer?

As soon as you learn about an accusation, and before you talk to police or the protected person. Guardian Law Group defends people facing domestic violence, harassment, and related charges in Maricopa, Yavapai, and Pinal counties and in non-tribal courts throughout Arizona. See all of our criminal defense services.

Christian Lueders, Guardian Law Group criminal defense attorney, smiling under a colonnade in downtown Phoenix

Why Talk With Guardian Law Group?

A former prosecutor’s view of the State’s case

Before defending clients, Christian M. Lueders served as a Maricopa County felony prosecutor. He knows how violation cases are charged and what evidence prosecutors look for: the order, proof of service, phone records, and the protected person’s statements.

Careful, trial-ready preparation

The work starts with the paperwork: what the order actually prohibits, when and how it was served, and whether the evidence shows a knowing violation. Negotiation and trial preparation go together.

Clear answers about what comes next

You should understand your release conditions, your court dates, and your options, including whether to request a hearing on the order itself. Read what clients say about Guardian Law Group.

Questions About Restraining Order Violations in Arizona

Short answers to common questions. Every case is different, so use these as a starting point for a conversation with a lawyer.

How long does an order of protection last in Arizona?

Two years from the date it is served, for orders served on or after September 24, 2022. An order that is not served within one year after it is issued expires. Injunctions against harassment last one year from service (A.R.S. § 13-3602(N); § 12-1809).

Is violating a restraining order a felony in Arizona?

It can be. The basic charge is interfering with judicial proceedings, a class 1 misdemeanor. It can also be charged as aggravated harassment, a class 6 felony (class 5 for a repeat violation), when the conduct also amounts to harassment (A.R.S. § 13-2921.01).

What if the protected person contacted me first?

You can still be arrested and charged. The order binds the defendant, and only the court can change it. If both of you want contact, ask the issuing court to modify the order before any contact happens.

Can I be charged if the order was never served on me?

Generally no. An order of protection takes effect on service. The exception is an emergency order of protection: if you had actual notice of it, you can be penalized for violating it even without personal service (A.R.S. § 13-3624(F)).

Does an order of protection show up on a background check?

An order of protection is a civil order, not a conviction. Courts enter served orders into the Arizona Supreme Court’s central repository, and the order is registered with the National Crime Information Center, so law enforcement can see it (A.R.S. § 13-3602(Q)). A conviction for violating the order is a criminal record.