Orders of Protection and Parenting Time in Arizona: What Changes September 12, 2026

For years, Arizona parents have run into the same painful roadblock: an Order of Protection is in place, and no matter what the family court thinks is best for the child, the judge's hands are tied. Starting September 12, 2026, that changes. A new amendment to Arizona's protective order statute gives family court judges a narrow but meaningful path to restore parenting time without compromising anyone's safety. For families in Tempe and throughout the Phoenix area, Simon Law Group is here to explain what the law says, and what it could mean for you.

The Problem: When Protective Orders and Custody Orders Collide

Orders of Protection exist to keep victims of domestic violence safe, and that purpose must come first. But Orders of Protection and family court parenting time orders are handled in two different legal lanes, and under existing Arizona case law, those lanes rarely cross.

In practice, this has meant that once an Order of Protection names a parent as the defendant, a family court judge, even one who believes it's in a child's best interest to see that parent, has often had no authority to modify the protective order to allow it. The result is that parenting time can stay frozen indefinitely, regardless of what's happening in the family, because the two orders were never designed to talk to each other.

This gap has been especially hard on parents who were named in an Order of Protection but have had no further incidents, no criminal charges, or circumstances that have simply changed. Without a legal mechanism to reconcile the two orders, they've had little recourse, and their children have lost time with them in the meantime.

The Change: What A.R.S. § 13-3602(L) Does

Effective September 12, 2026, A.R.S. § 13-3602(L) gives superior court judges a specific, limited power they didn't clearly have before. After a hearing, a judge handling a Title 25 family law case (the section of Arizona law covering marriage, divorce, and custody) may modify an existing Order of Protection, but only under tightly defined conditions.

Specifically, the modification is only allowed when:

It involves a child who is common to both parties and who is named on the Order of Protection.

The change is in the best interest of that child.

The modification is limited solely to putting parenting time orders into effect between the defendant and that child.

Why This Matters for Custody and Visitation

A Path Forward for Wrongly Accused or Cleared Parents

This amendment matters most for parents who feel stuck between two courts. If you were named in an Order of Protection but believe the circumstances no longer justify keeping you apart from your child, whether the allegations were unfounded, the situation has changed, or time and evidence have shown the order no longer reflects reality, this law gives your family law judge the authority to address it. Before this change, that judge may have had no legal tool available, no matter how compelling your case.

The Child's Best Interest Stays at the Center

Importantly, this isn't an automatic reset button. A judge still has to hold a hearing and be convinced that restoring or adjusting parenting time is genuinely in the child's best interest. Arizona family courts already weigh factors like the child's relationship with each parent, stability, and any history of abuse. This amendment simply gives them the authority to apply that same standard here, instead of being blocked from considering it at all.

Safety Protections Remain Intact

The rest of the Order of Protection stays exactly as it is. This change does not lift protections for the victim, dismiss the order, or open the door to unrelated contact. It carves out one purpose only: coordinating parenting time for the shared child. Everything else in the protective order remains untouched.

What Parents Should Do Next

If you're currently navigating an Order of Protection alongside a custody or parenting time dispute, this amendment may directly affect your case once it takes effect on September 12, 2026. Whether you're seeking to restore parenting time as the parent named in the order, or you have questions about how this change interacts with a protective order already in place, it's worth talking to a Tempe family law attorney before assuming your situation is at a dead end.

Talk to Simon Law Group

If you have questions about how an Order of Protection is interacting with your parenting time orders, or how this new law might affect your case, call Simon Law Group in Tempe, Arizona, for a free, comprehensive consultation with one of our experienced family law attorneys.