An Emergency Order of Protection (EOP) is one of the fastest-acting tools available to victims of domestic abuse and violence. It can be issued anytime, even when a courthouse is closed.
Protective orders can be accessed through police, but an experienced attorney’s counsel is important to understanding the next steps. Understanding how an EOP works, what your rights are, and your future options are critical decisions that are best approached with legal guidance.
Everything You Need To Know About EOPs
A judge, justice of the peace, magistrate, or commissioner may issue an Emergency Order of Protection when presented with evidence of immediate danger of domestic violence by a law enforcement officer. Such an order can be authorized in writing, verbally, or by telephone, even in the middle of the night.
What An EOP Does
An Emergency Order can:
- Prohibit the defendant from contacting the plaintiff
- Grant one party exclusive use of the shared residence
- Prohibit the defendant from possessing or purchasing firearms and ammunition
How Long An EOP Lasts
After an EOP is served on a defendant by law enforcement, it is only valid for seven days.
Before Your EOP Expires
If continued protection is needed, the plaintiff must file a petition for a full Order of Protection before the temporary EOP expires. Much of the document can be completed online using AZPOINT, Arizona’s Protective Order Initiation and Notification Tool. The document can also be completed at any superior, municipal, or Justice of the Peace court. Be prepared to describe all important incidents in detail.
Note that if a divorce, separation, paternity, or annulment case is already pending in Superior Court, the order must be filed at that superior court.
A standard Order of Protection is in effect for two years from the date of service.
What an Order of Protection Can Do
- An Order of Protection can prohibit the defendant from contacting or coming near the plaintiff’s residence, workplace, or school.
- An Order of Protection can grant one party exclusive use of the shared home.
- It can restrict the defendant’s access to firearms.
- It can include pets.
- Custody, child support, and parenting time are influenced by an Order of Protection but these parenting issues are ultimately decided in Superior Court.
Defendant’s Rights: Requesting a Contested Hearing
The defendant has the right to request a contested hearing by filing a written request at the court that issued the Order of Protection. A hearing will be scheduled 5-10 days after receiving the request. After hearing evidence from both sides, a judge may uphold, modify, or dismiss the order.
Defendants must understand that they can be arrested for violating a protective order even if the plaintiff contacts them first. Only a judge can modify or dismiss the order.
Impact on Divorce and Family Court Proceedings
An Order of Protection can affect family law proceedings. If a parent has committed domestic violence against their former partner, they may not be awarded sole or joint legal decision-making for a minor child. The presumption that custody will not be awarded to a parent with an order of protection against them can be challenged in superior court.
When asked to issue an Order of Protection, courts are required to check for existing custody orders or parenting plans to avoid issuing a conflicting order. The protective order takes precedence.
Arizona law also protects victims’ housing security by allowing early termination of rental agreements by providing a written copy of the protective order to the landlord.
Professional, Compassionate Legal Help is Available
An expert from Webster Family Law can help people navigate protective orders when divorce or custody matters are pending. It’s a stressful and legally complex situation, and an emergency order is only the beginning. Call for a consultation today.