[AZ] How do I evict my ex if they won't leave my residence?

So I was recently in a Domestic dispute with a guest at my home former ex to be. I was thrown in jail and forbidden to go back to my residnce where i pay evryting and lease under name as well. I want the person to get out of my house this is the only way I can get back into my home. What can I do if they are refusing to leave so I can return.
May 28, 2025 18 6

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So I was recently in a Domestic dispute with a guest at my home former ex to be. I was thrown in jail and forbidden to go back to my residnce where i pay evryting and lease under name as well. I want the person to get out of my house this is the only way I can get back into my home. What can I do if they are refusing to leave so I can return.

I’m sorry to hear about the situation with your ex and being unable to access your home. Have you already contacted the authorities or sought a restraining order against this person?

I have vourt on Thrusday and I want to fiel a Order of Protection on them so they can leave the premises and I can go back home

Are there any legal documents, such as a lease agreement or property ownership papers, that show you have the right to reside in the home?

I have the lease only in my name, and I have on hand my lease agreeement.

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your Order of Protection.

Can I reside back in my home with my lease before my court date?

I can do the Order of Protection myself no worries, I just need some legal advice, thanks.

Jessica B

Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I am reviewing your question and will be providing a response momentarily. You may receive a prompt for a telephone consultation. This is an additional service offered by Justanswer and you may decline the offer. Depending on the issue you are experiencing, some customers prefer a telephone consultation to better understand their issue and possible solution.

I am so sorry you are having issues with your ex. Are they listed on the lease as a permitted occupant?

No they aren't listed at all.

They don't work. I work from home and pay all the bills.

Jessica B

Ok have they been living on the property for more than 30 days?

Yes, They have been.

I just want to be able to return to my home and my dogs and her out of my residence.

please help me

Jessica B

Ok this means they are legally deemed to be a verbal month to month tenant and you will need to evict them. What state is the property located?

Okay, In Arizona

So can I file an Order of Protection as well and then evict them at the same time

Jessica B

Ok the first step is you must give them a written 30 Day Notice to Vacate. If they do not vacate within 30 days then you may file for eviction. (AZ Rev Stat § 33-1375)

You may also file for an Order of Protection.

Okay does that mean I can go back home with the Order of Protection issued?

Jessica B

You would have to call the police to escort you back to the property and show them the lease stating only your name. The police would have to force your ex to leave so that you may take possession.

okay great thanks

Jessica B

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.