WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: Arizona

Restraining Orders

View all
Updated: 
September 19, 2018

How do I get my order of protection enforced in another state?

Federal law does not require you to take any special steps to get your order of protection enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order of protection is enforceable regardless of whether it has been registered or filed in the new state.1  Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my order of protection enforced in another state?

In some states, you will need a certified copy of your order of protection.  A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it.  In Arizona, a certified order has a stamp or seal on it and is signed by the commissioner.  The copy you originally received in court should have been a certified copy.  If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. 

Arizona is one of several states that uses a standard order of protection form so that it looks the same as the forms from many other states.1  The reason for using the standard form is that so it may be easier for the police to recognize and enforce the order of protection.

Note: It is a good idea to keep a copy of the order with you at all times.  You will also want to bring several copies of the order with you when you move.  Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.  Give a copy to the security guard or person at the front desk where you live and/or work.  Give a copy of the order to anyone who is named in and protected by the order.

1Arizona Supreme Court, Protective Order Forms

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your protection order enforced in another state.  However, you may want to get help from a local domestic violence advocate or attorney in the state to which you have moved. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your protection order and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state to which you are moving, please click on the Places that Help tab on the top of this page and then choose the state where you are going.

I have an emergency order of protection. Can it be enforced in another state?

Yes.  An ex parte emergency order of protection can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2); A.R.S. § 13-3602(R)
 

Do I need to tell the court in Arizona if I move?

It is up to you whether you tell the court that gave you your order of protection that you are moving. If you want them to have a current mailing address for you on file, you will have to go through a modification procedure. A “modification procedure” means that you will have to file a new petition and appear before the commissioner again. The abuser will be given notice, and therefore s/he will know that you are moving.