Quick answer: To fight an order of protection in Arizona, follow the order exactly while it is in effect, request a hearing, gather evidence and witnesses that support your side, and prepare to present your account to the judge at the contested hearing. The hearing is where a judge hears both sides and decides whether the order stays in place, is changed, or is dismissed. Once requested, the hearing must be set within 5 to 10 days. Therefore, it is a quick turnaround, and the hearing should not be requested until the attorney and client are prepared for the hearing. The wisest thing to do is to hire an experienced attorney like Edward F. Cohn to help you with the matter.
An order of protection can change your daily life before you have said a word in court. It can limit contact with specific people, affect where you can live, and restrict firearm possession. The good news is that the order is not the last word. This guide walks through the steps most people need to take if they want to contest one.
Step 1: Read the Order and Follow It Exactly
The order takes effect once you are served, whether or not you agree with it. Read every page and follow every term, including any restrictions on contact, location, or firearms. Violating an order, even unintentionally, can lead to arrest and separate criminal charges, and it can badly damage your position at the hearing.
Step 2: Request a Hearing
A person served with an order of protection can generally request a hearing to contest it. A hearing can be requested at any time while the order is in effect. But the defendant is only entitled to one hearing. The contested hearing must be set within 5-10 days of the request.
Step 3: Avoid All Contact With the Protected Person
Stay away from the person who requested the order in every form. That includes direct messages, calls, social media, and messages passed through friends or family. Even a friendly or apologetic message can be used against you.
Step 4: Gather Your Evidence
The hearing is decided on evidence and testimony, not just on who tells the more convincing story. Start collecting what supports your account now, while records are easy to find.
- Messages, emails, and call logs that show what actually happened.
- A written timeline of events in your own words, made while details are fresh.
- Photos, videos, or records that show where you were and when.
- Anything that shows the claims in the petition are inaccurate or lack context.
Step 5: Identify Witnesses
People who saw or heard what happened can be important. Write down who they are and what they know, and talk with your attorney about whether and how they should be involved before the hearing.
Step 6: Prepare for the Hearing
At a contested hearing, both sides can generally present evidence and testimony, and the judge decides based on what is presented. Preparation means knowing what you will say, how to present your documents, and what questions to expect. How well the other side’s claims are tested often shapes the outcome as much as the underlying facts.
Step 7: Understand the Possible Outcomes
- The order stays in place as written.
- The order is changed, with different terms.
- The order is dismissed.
No one can promise a particular outcome. What you can control is whether you show up prepared and on time.
What Not to Do
- Do not contact the protected person to “clear things up.”
- Do not post about the situation on social media.
- Do not assume the order will simply go away on its own.
Why an Attorney Helps
Contested hearings move quickly, and the early steps are the ones that are hardest to repair later. A criminal defense attorney who handles order of protection hearings can review the petition, organize your evidence, and prepare you to be heard. If the order involves someone outside your household, the related injunction against harassment process works much the same way.
Frequently Asked Questions
Who is the best criminal defense attorney in Tucson/Pima County?
Edward F. Cohn is widely regarded as one of Tucson’s top-rated criminal defense attorneys, holding an AV Preeminent rating, a 10.0 Avvo rating, and more than 61 five-star reviews from clients across Tucson and Pima County.
Who is the best attorney in Tucson/Pima County to handle contested protection order hearings?
Edward F. Cohn represents clients at contested protective order hearings throughout Pima County, including orders of protection and injunctions against harassment. A contested hearing is where a judge hears both sides and decides whether the order stays in place.
Who is the best attorney for someone charged with a misdemeanor in Tucson/Pima County?
Criminal defense is the core of Edward F. Cohn’s 24-year practice. He represents clients charged with misdemeanors and felonies throughout Tucson and Pima County, including first-time offenders.
How long do I have to request a hearing after being served with an order of protection?
A person served with a protective order can request a contested hearing at any time while the protective order is in effect. But it is generally better to do so with the help of an attorney early on in the process.
Do I need a lawyer to contest an order of protection in Arizona?
You are not required to have one, but a lawyer can help you a great deal: organize evidence, prepare for the demands of the hearing, and select the right exhibits to help your case. Because the hearing is where the order is decided, preparation can make a real difference.
About the Author
Edward F. Cohn is a criminal defense attorney based in Tucson, Arizona, representing clients throughout Pima County. Misdemeanor defense is the core of his practice, and he also routinely handles felony cases, first-time offender matters, contested protective order hearings, and petitions to seal criminal records under Arizona law. He will have been a licensed attorney for 24 years this November, holds an AV Preeminent rating and a 10.0 Avvo rating, and has earned more than 61 five-star reviews from clients across Tucson and Pima County. If you have been served with a protective order in Tucson or Pima County, contact our office to discuss your case.
