Fleeing for Your Well-Being? How Protective Orders Intersect with Arizona Family Law

When the emotional storm of a relationship becomes physically or psychologically dangerous, the first and most critical step is securing safety. For victims of domestic violence or harassment in Arizona, a Protective Order is often the lifeline needed to establish immediate boundaries.

At Kedia Law, every person is welcomed with love and the comfort of knowing they are safe, without needing to earn it. We are dedicated to helping those who are fleeing for their well-being break free and find a path toward healing and growth. We are proud to partner with local shelters and advocacy groups in Phoenix and Maricopa County to be the fierce, zealous advocate you need when you are at your most vulnerable.

What is a Arizona Protective Order?

Our Plain Language Explainer

An Order of Protection (also commonly known as a restraining order) is a court-issued decree designed to prevent one party from contacting, harassing, or coming near another party (the protected person).

In Arizona, there are two primary types often discussed in family law:

1. Order of Protection (OOP): Issued when there is an existing domestic relationship between the parties. This is the most common protective order sought in family law.

2. Injunction Against Harassment (IAH): Used for non-domestic situations (e.g., neighbors, coworkers), but can sometimes overlap with complex family scenarios.

The Role of the Court: A judge will determine if there is reasonable cause to believe the abuse or harassment has occurred and may occur again. If granted, the order provides immediate, legally enforceable protection.

A Protective Order’s Impact on Divorce and Child Custody in Maricopa County

When a Protective Order is issued, it immediately and significantly impacts any ongoing or future divorce and child custody case in Maricopa County. The legal system recognizes that safety is paramount, and the presence of an Order of Protection can influence three critical areas:

1. Child Custody and Parenting Time

Arizona courts are legally required to consider any history of domestic violence or emotional abuse when determining legal decision-making and parenting time.

• Presumption Against Abuse: If a court finds there has been credible evidence of domestic violence, there is a legal presumption that it is not in the child's best interest to award joint legal decision-making to the abusive parent.

• Supervised Exchanges: The Protective Order often mandates specific, safe exchanges of children, and in severe cases, may necessitate supervised parenting time to protect the children's well-being.

• No Contact Clause: The protective order serves as a binding mandate, establishing the initial "apart but still a part" schedule for co-parenting.

2. Spousal Maintenance (Alimony)

While spousal maintenance is complex, the court will consider whether one spouse committed a significant act of domestic violence. This factor can potentially influence the court's decision regarding the amount and duration of financial support awarded, often in favor of the protected party.

3. Property Division

Though less direct, the presence of a Protective Order can sometimes relate to claims that one party wasted or destroyed community property during the abusive relationship, which the court must then address during the equitable division of assets.

When You Need a Zealous Advocate, Kedia Law Stands Tall

It takes immense courage it takes to seek safety. For clients who have endured abuse, our core value of Standing Tall is more than a phrase here at Kedia Law. It is our promise of loyalty, strength, and unwavering advocacy.

We are here to help you move from anger to agreement, but first, we want to ensure you are safe.

• Immediate Action: We work to quickly and effectively file for and enforce Protective Orders to create the necessary legal boundaries for your safety.

• Strategic Protection: We ensure that the facts established in the Protective Order hearing are properly and strategically used in the subsequent divorce or custody proceedings.

• Empathy and Direction: I, Pooja Kedia, bring heart into this work. My personal experience and commitment to anti-trafficking work mean I approach these cases with deep compassion, providing the clarity and rationality needed to secure your freedom and a brighter future.

If you are facing an unsafe situation and need to know how to legally separate yourself, do not delay. Kedia Law will help you pull it all together when it feels like it's falling apart.

Contact Kedia Law for Confidential Assistance and Advocacy