Updated For 2021
It is not unusual to want to start over in a new state after a divorce or breakup with the parent of your child or children. It is difficult enough to deal with custody and other familial issues when you move, but it is even more difficult if you also have an order of protection against an abusive ex-partner or spouse. If you are moving or have moved to Arizona and you have an order of protection, contact an experienced family law attorney to ensure that your order is valid.
Moving An Order of Protection to Arizona
The state of Arizona recognizes orders of protection issued in other states, courts in United States territories, and from Indian tribes for as long as the order is valid in that jurisdiction. In order for the state to recognize the order, it must have been issued by the proper court in the other state according to that state’s laws, and the person named in the complaint must have been offered reasonable notice and a chance to rebut the arguments in the complaint.
Under Arizona law, a police officer can accept a copy of an out-of-state protection order from anyone, or rely on the word of the person who is being protected that the order is still in effect. That being said, it is still important to show your order of protection to an attorney experienced in Arizona family law to ensure that your order meets all of the requirements. Your attorney can further help you obtain a new order of protection if necessary when the current order expires.
Mutual Orders of Protection
While Arizona does allow cross-complaints that result in two orders if the opposing parties file separately, it does not offer mutual orders of protection in the same manner as other states. The state also does not honor out-of-state mutual orders if the person who was the target of the initial complaint did not file a cross or counter complaint, or if the court in the other state did not find specifically that both parties needed protection. If you have a mutual order of protection from another state and have moved or are moving to Arizona, you need an experienced attorney to help you determine if the order is valid and to help you get a new one if it is not.
You went through a lot to get an order of protection against your spouse or the parent of your children. If you move to Arizona, hire an experienced family law attorney to review your current protective order and help guide you through the system to make sure you stay protected.
The Baker Law Firm, LLC,
Phoenix Criminal Defense and Family Law Attorneys
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702 E. Coronado Road
Phoenix, AZ 85006
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