Background
During the parties’ divorce proceedings, Cynthia Berry obtained an ex parte order of protection against Michael D. Berry in August 2024. After Michael contested the order, the superior court held an evidentiary hearing in October 2024 and kept the order in place.
In a prior appeal, the Arizona Court of Appeals vacated the order because the superior court had applied the wrong legal standard and remanded for application of the proper standard. In August 2025, the superior court applied that standard to the existing hearing evidence and continued the order. Michael did not timely appeal that ruling. He later sought special-action relief, which the Court of Appeals declined, and then moved in superior court to modify the order of protection.
The Court’s Holding
The Court of Appeals dismissed Michael’s appeal from the denial of his motion to modify the order of protection. It held that it lacked jurisdiction because, after an order of protection has been affirmed following a hearing, it may be amended or dismissed only at the protected party’s request or through a timely appeal.
Neither condition was met. Cynthia had withdrawn her own petition to amend the order, and Michael did not timely appeal the August 2025 order continuing it. Separately, Arizona’s protective-order rules do not permit a defendant to move to modify an order of protection. The court awarded Cynthia taxable costs, but denied attorney fees because she represented herself.
Key Takeaways
- A defendant has one hearing and one appeal concerning an order of protection.
- After an order is affirmed following a hearing, later modification or dismissal is limited to the protected party’s request or a timely appeal.
- A defendant’s motion to modify an order of protection is not an appealable vehicle for obtaining review.
Why It Matters
The decision underscores the strict procedural limits on challenges to affirmed protective orders. Parties seeking review must timely appeal an appealable order rather than use later motions or special-action proceedings to revisit the merits.