Dealing with an abusive relationship can be difficult for an individual and his/her loved ones. This brochure is being provided to offer information and assist in the recovery process.

Domestic violence is considered to be the most unreported crime in the country. It affects people of all ages, races, and economic levels. Domestic violence seems to go in cycles. After the violent episode, the abusing party may be apologetic and tell you it will never happen again. At other times the person may try to confuse the issue and make you responsible for his/her violence. Do not let your confusion or hope for relief get in the way of protecting yourself from further abuse. Now is the time to get help -- before tensions escalate again and the violence repeats itself.

Arrest Is Possible

Domestic violence is against the law in Arizona. A.R.S. Section 13-3601 allows a police officer to arrest a person if the officer believes there is probable cause that an act of domestic violence has been committed.

The law covers most situations where parties of the opposite sex live or have lived together. Research has shown arrest to be effective in controlling violent behavior. After the arrest, the court can order sanctions (punishment) against the abuser or may order him/her into treatment.

Victim input and cooperation is important for a successful outcome. If the abusing party intimidates you, please do not hesitate to tell the officer or prosecutor assigned to the case.

Orders of Protection

You may want to consider getting an Order of Protection. This is a court order than can:

• Order the abusive party not to commit any further acts of domestic violence.
• Order the abusive party to keep away from you, your residence, school, place of employment, or other specific place.
• Give exclusive use of the residence to you.
• Order the abusive party not to contact you -- in person, by telephone or pager, in writing, or in any other manner.
• Grant other relief, as needed, for your protection.

An Order of Protection DOES NOT deal with custody, visitation, or property settlement issues. These issues must be resolved in Superior Court.

The Order of Protection becomes valid at the time it is served on the defendant (abusive party). This protection remains in effect for twelve months and can be renewed if needed. It must be noted that the defendant (abusive party) has the right to request a hearing if he/she disagrees with the court's order.

IMPORTANT: An Order of Protection is not a guaranteed form of protection. Abusers can, and do, violate them. However, an Order of Protection is another legal tool available to you as you determine ways to keep yourself safe. If the abuser violates the order after it has been served, call 9-1-1.

Injunctions Prohibiting Harassment

These are similar to Orders of Protection, but are for people who have never lived together or for people of the same sex who have lived together who are having a problem with a series of harassing acts.

Obtaining Protective Court Orders

The procedure to obtain an Order of Protection or an Injunction Prohibiting Harassment is designed to be simple enough that a lawyer's assistance is not needed. It entails filling out a petition and being interviewed by a judge about the situation that exists. There is a filing fee and a service fee; however, these can be waived if payment would be a financial hardship. Let the judge know aobut your request to waive the fees.

An Order of Protection or Injunction Prohibiting Harassment can be obtained in Mesa from the following courts:

• Mesa City Court
  245 West 2nd Street
  (480) 644-2255


• East Mesa Justice Court
  4811 East Julep
  (480) 985-0188


• North Mesa Justice Court
  1837 South Mesa Drive
  (480) 926-9731


• South Mesa Justice Court
  1837 South Mesa Drive
  (480) 926-3051


• West Mesa Justice Court
  2050 West University
  (480) 9642958

When a divorce is involved, the process may change. If the divorce has already been granted or the divorce action has ended, the order can still be obtained at the above locations. However, if you have already filed for divorce and the divorce has not yet been granted, you must apply instead to Superior Court for the order.  Call (602) 506-2021 for more information about getting an Order of Protection from Superior Court.

Dealing with Immediate Danger

If you feel you are in immediate danger, you can call the police (9-1-1) who may be able to arrest the abusive party. They can also help in finding you a safe place to stay. The responding police officer can call a Victim Assistance worker to the scene if you need immediate assistance.

An emergency Order of Protection may be obtained through the police department after business hours and on weekends and holidays, if requested by the victim. These emergency orders are valid once served, but expire at 5:00 p.m. of the next business day. 

If the offender is arrested immediately, he/she will generally spend the night in jail. If your abuser was arrested and you are interested in obtaining an Order of Protection, it is recommended that you obtain it at 8:00 the next morning after the arrest, so that the offender can be served with the necessary court papers before being released from jail.

Specialized Community Resources

There are other Valley-wide resources to help domestic violence victims. To discuss these alternatives, please call the Victim Services Unit at (480) 644-4075 or Community Information & Referral at (602) 263-8856 or 1-800-352-3792.