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Know the Laws: Arizona

UPDATED September 15, 2017

Enforcing an Out-of-State Order in Arizona

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If you are planning to move to Arizona or are going to be in Arizona for any reason, your protection or restraining order can be enforced.

General rules for out-of-state orders in Arizona

back to topCan I get my order of protection enforced in Arizona? What are the requirements?

Yes. Your order of protection can be enforced in Arizona as long as:

  • It was issued to prevent violent, or threatening acts, harassment, or sexual violence against another person, or it was issued to forbid contact or communication with another person or it was issued to order the abuser to stay away from another person.*
  • The court that issued the order had jurisdiction over the people and case - (in other words, the court had the authority or power to hear the case.)
  • The abuser received notice of the order and had an opportunity to present his/her side of the story in court.
    • In the case of ex parte and emergency orders, the abuser must receive notice and
      have an opportunity to go to court to present his/her side of the story at a hearing
      that is scheduled within a "reasonable time" after the order is issued.** 

Make sure that your copy is a certified copy.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

* 18 USC § 2266(5)(A)
** 18 USC § 2265(a)&(b)

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back to topCan I have my out-of-state protection order changed, extended, or canceled in Arizona?

No.  Only the state that issued your protection order can change, extend, or cancel the order.  You cannot have this done by a court in Arizona.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.  To find out more information about how to modify a restraining order, see the Restraining Orders pages for the state where your order was issued.

If your order does expire while you are living in Arizona, you may be able to get a new one issued in Arizona but this may be difficult to do if no new incidents of abuse have occurred in Arizona.  To find out more information on how to get a protective order in Arizona, visit our AZ Domestic Violence Orders of Protection page.  

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back to topI was granted temporary custody with my protection order. Will I still have temporary custody of my children in AZ?

Yes.  As long as the child custody provision complies with certain federal laws,* Arizona can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area.  To find a lawyer in your area, click here AZ Finding a Lawyer.

* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

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