If you are facing threats, harassment, or behavior that makes you feel unsafe, a temporary restraining order can provide immediate protection in Phoenix. This fast, court-issued order limits contact, sets clear boundaries, and can require someone to stay away from your home, workplace, or other important locations. Judges review these requests quickly, and if granted, the order remains in place until the follow-up hearing. At Cohen Family Law, we help clients file, defend, and navigate temporary restraining orders, offering clear guidance at every step of the process.
Why Choose Cohen Family Law?
Clients turn to us because we provide:
- Guidance through fast-moving protection order cases
- Careful preparation of affidavits, filings, and supporting evidence
- Skilled representation at ex parte and follow-up hearings
- Strong courtroom advocacy for petitioners and respondents
- Decades of Arizona family law experience
- Consistent five-star reviews from clients who value our responsiveness and communication
What Is a Temporary Restraining Order in Phoenix?
A temporary restraining order, also called an order of protection or injunction against harassment, is a court order that restricts someone’s behavior when there is a risk of harm or intimidation. These orders can limit contact, restrict communication, and require the respondent to stay away from your home, workplace, or other locations. They provide short-term protection while the court evaluates whether a longer order is necessary. In Arizona, temporary orders are governed by ARS § 13-3602, which outlines the requirements for protective relief.
How Do You Request a Temporary Restraining Order?
Filing for a temporary order begins with submitting a petition to an Arizona court. The petition includes a written statement describing the incidents of harassment, threats, or violence. Judges typically look for specific dates, behaviors, and any evidence that supports your need for protection.
People often provide:
- Text messages, emails, or social media posts
- Photos, videos, or recorded voicemails
- Medical records
- Police reports
- Witness statements
Once the petition is filed, the court reviews it quickly because safety concerns can require immediate action.
What Happens at an Ex Parte Hearing?
Most temporary restraining orders are first considered at an ex parte hearing, meaning the respondent is not present. The judge reviews the petition and any evidence to determine whether temporary protection is appropriate. These hearings move quickly, and the judge may ask clarifying questions.
If granted, the order becomes effective once the respondent is served. This process allows the court to act swiftly before the situation escalates.
How Long Does a Temporary Order Last?
Temporary orders in Arizona generally remain in place until the scheduled full hearing, usually set within 5 to 10 business days. A temporary order can remain in effect for up to one year if the respondent does not request a hearing, though most cases proceed to a contested hearing before a long-term order is issued.
What Protections Do Temporary Orders Provide?
Depending on the circumstances, a temporary restraining order may:
- Prohibit contact by phone, text, email, or social media
- Require the respondent to stay away from your home, school, or workplace
- Restrict possession of firearms when certain conditions are met
- Prevent harassment, threats, following, or intimidation
- Address temporary possession of shared property
These protections create immediate distance and prevent harmful conduct while the case proceeds.
What Happens at the Follow-Up Hearing?
After a temporary order is issued, the court holds a follow-up hearing where both parties can present evidence. The respondent may appear, contest the allegations, submit documents, and call witnesses. The judge evaluates the testimony and determines whether a long-term order is warranted.
Although the burden of proof is lower than in criminal cases, the petitioner must still show that harassment or domestic violence occurred or is likely to occur again. Our firm helps clients organize evidence clearly so the judge understands the full context.
What Are the Consequences of Violating a Temporary Order?
Violating a temporary restraining order is a serious offense in Arizona. Once the respondent has been served, any violation may result in an immediate arrest. Penalties can include criminal charges, jail time, probation, and fines. The court may also consider violations when deciding whether to issue a long-term order.
We help clients understand what the order requires so there is no confusion that could result in legal consequences.
Protect Your Safety and Your Rights
Whether you are seeking a temporary restraining order or responding to one, we will help you understand your options and prepare for the next steps. Contact Cohen Family Law to schedule a consultation and take action today.
Frequently Asked Questions
Can a temporary restraining order include children?
Yes. If the situation involves domestic violence or threats affecting a child, the court may include the child in the temporary order. This depends on the facts outlined in your petition.
Do I need to bring witnesses to the first hearing?
You may bring witnesses, but at the ex parte stage, judges generally rely on your written statement. Witness testimony is more common and useful at the follow-up hearing.
Can a temporary order be modified before the final hearing?
Yes. If circumstances change, either party can request a modification. The court will determine whether the change is appropriate based on safety concerns and the evidence provided.
