Family Law

Domestic Violence

Protection. Privacy. Resolution.

Whether you need protection or you have been wrongly accused, the next 72 hours matter. Hearings are fast, evidence is informal, and the orders entered can affect custody, housing, and firearms for years.

Domestic-violence litigation moves faster than almost any other matter in the Arizona courts, and the consequences of a single hearing can be permanent. An order of protection entered ex parte — that is, without notice to the respondent — takes effect on service and remains in force for one year unless successfully challenged. During that year the respondent may be excluded from a shared residence, prohibited from contact with children, ordered to surrender firearms, and subject to arrest for any technical violation. The hearing to contest the order, if requested within ten days of service, is set within five to ten court days. That is rarely enough time for an unrepresented respondent to gather records, identify witnesses, prepare cross-examination, and present a coherent defense. The cases we win are the cases in which we are retained within forty-eight hours of service.

For petitioners, the calculus is different but the stakes are equally high. An order obtained without the right evidence — text-message threads with context missing, photographs taken too late, a vague affidavit that conflates raised voices with credible threats — is an order that can be quashed on appeal, leaving the petitioner exposed and the relationship with the respondent worse than before. We help petitioners assemble the evidence the statute actually requires under A.R.S. § 13-3602: a credible threat or recent act of domestic violence, supported by specific dates, specific conduct, and corroboration where possible. We also prepare petitioners for the cross-examination they will face. A protective-order hearing is not a victim-impact statement; it is an evidentiary proceeding with rules and a respondent who is entitled to test the testimony.

The collateral consequences of an order of protection extend well beyond the relationship. Firearm surrender is mandatory under federal law where the order includes a credible-threat finding involving an intimate partner. Custody and parenting-time orders entered while a protective order is in place often persist long after the order expires; the presumption against joint decision-making in DV cases under A.R.S. § 25-403.03 is the law's most consequential family-court provision. Employers conducting background checks see active orders. Professional licensing boards in healthcare, law, real estate, and finance treat protective orders as reportable events. We address every one of these collateral consequences at the first meeting, on both sides, so the strategy reflects the real cost of the order — not only the courtroom outcome.

At a glance

  • Same-day filings for orders of protection and injunctions against harassment.
  • Defense of orders entered ex parte without your knowledge.
  • Coordination with criminal-defense strategy when DV charges are filed.
  • Custody and firearm-rights consequences considered from day one.

Securing protection

We can file ex parte petitions same-day, prepare you for the contested hearing, and coordinate with police, school, and employers to keep you safe in the meantime.

Defending an order

An order entered without your knowledge can be challenged within one year. We move quickly to get a hearing on the calendar and to dismiss orders that do not meet the statutory standard.

Custody and firearm consequences

An order of protection can suspend firearm rights, exclude you from the family home, and reshape parenting time. Even a 'temporary' order has lasting effects — defense is rarely optional.

Coordinated criminal defense

When DV charges accompany the order, we align both tracks so testimony at the civil hearing does not undercut your criminal case.

Withdrawal and modification

Petitioners sometimes wish to dismiss or narrow an order. We handle the paperwork properly so the dismissal is final and uncontested.

Representative results

Past outcomes do not guarantee a future result. Details are generalized to preserve client confidentiality.

  • Quashed an injunction against harassment that had been entered ex parte against a Mesa business owner.
  • Secured an order of protection and exclusive use of the residence for a client and three children within 36 hours of intake.
  • Coordinated dismissal of a misdemeanor DV charge once the underlying civil order was vacated on appeal of the hearing.

Common mistakes to avoid

  • Contacting the petitioner — even to 'apologize' — after service. Every contact is a separate criminal offense.
  • Going to the hearing without counsel; the standard is preponderance and the cross-examination is the case.
  • Surrendering firearms informally rather than through a licensed dealer with documented chain of custody.

Fees

Flat-fee representation through the contested hearing, with appeals quoted separately if needed.

How a case moves through our office

  1. 01

    Emergency filing

    Petition prepared and filed same-day at the appropriate justice or municipal court.

  2. 02

    Service

    We coordinate with the constable or sheriff for prompt service on the respondent.

  3. 03

    Hearing preparation

    Witness outlines, exhibits, and direct/cross prep — usually within 5–10 court days.

  4. 04

    Hearing

    Contested evidentiary hearing before a justice-of-the-peace or municipal judge.

Governing law

A.R.S. § 13-3602
Orders of protection — issuance, service, and hearing rights.
A.R.S. § 12-1809
Injunctions against harassment — non-domestic relationships.

Citations are general references, not legal advice. Statutes are amended; consult counsel for the current text as it applies to your matter.

Common questions

Will a protective order show on a background check?
Yes, while it is active and often after. Defending one is not optional.
How fast can I get a hearing?
If you request one within 10 days of service, the court must set it within 5–10 court days.
Can I get one against a non-family member?
Yes — an injunction against harassment serves that purpose under § 12-1809.
What evidence do I need?
Texts, voicemails, photos of injuries, police reports, and corroborating witnesses. We help organize and present them.
Will I lose my guns?
If a 'credible threat' finding is made, federal law requires surrender for the duration of the order.

Free Initial Consultation

Talk with an attorney who has practiced in this courthouse for forty years.