Protective Orders served before 9/24/22 are in effect for one year from date of service. Call them at 602-279-2900, 800-782-6400 . 4. Even if you initiate contact, the Defendant could be arrested for violating this protective order. V. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. Things to Know About Protective Orders, 05. Hoja de informacin para el demandante, 05. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. 13-3623); interferes with judicial proceedings (A.R.S. and complete the required paperwork provided by court staff. If you currently have a family court case with the other person, you will have to file with the superior court that is handling your family court case. When you have provided the minimum required information to file a petition, you will be "court ready" and will receive a confirmation number and information about next steps. There is no fee to file a Petition for Order of Protection. It has been designed to help you fill out a petition for an Order of Protection. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. Provide your petition number to court staff. Jury Information . The paperwork will include a Petition in which you will be required to provide specific acts of domestic violence and name each individual you believe should be included as a protected person. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. You can file your petition with any municipal court, justice court, or superior court location. This guided interview will help you fill out the forms you need to ask for an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment at an Arizona court. In your petition, you must describe one instance of sexual violence OR at least two incidents during the past year when you believe the defendant harassed you. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following: 1. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. B. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. Information and resources for sexual anddomestic violence victims ishere. effective for 1-2 years from service date. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued. It is not an order for visitation. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. If you are in need of an experienced defense . Call 911; explain that you have an Order of Protection and the defendant is approaching you. An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. If you decide to go ahead with your petition for a protective order, you must file it with a court. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period. Complete the paperwork for the judge to review. Orders of Protection served on or after September24, 2022, are valid for 2 years. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. If your relationship does not fit into one of these categories, read about Injunctions against Harassment at the bottom of this page.The defendant is: AND(B). 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. . If you are not in immediate danger, you can locate your local law enforcement agency's non-emergency telephone number by calling information at 411. You will need to go to aLaw Library ResourceCenter location to complete and file a Petition for a longer Order of Protection, if you would like the order to continue. The Law Library Resource Center's Protective Order offices provide resources to help individuals understand and navigate the process of obtaining protection orders to prevent domestic violence or harassment. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. with the defendant - See the Relationship Test. 2. If the Judge grants your petition for an Order of Protection the court will immediately send the Order of Protection and a copy of the petition for service on the defendant. If there is an action for maternity, paternity, annulment, legal separation or dissolution of marriage pending between the parties, The Petition must be filed in the Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. To have an injunction granted or issued: "harassment" means either of the following: (a) A series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose. Notice Regarding Exclusive Possession of a Shared Residence, 10. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). These rules govern the procedures in any Arizona court in all cases related to the issuance of an Order of Protection See A.R.S. P. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. Only a Superior Court Judge can decide child custody or parenting time in a separate action.ONE DEFENDANT: A separate petition must be filed for each defendant. How? If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. Relationship between you and the defendant. Primary Business Address: 120 South Cortez Street. The Order of Protection must be served within one year of its issuance. There may be a court that is closer to your location. If you do not appear at the hearing, your Order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearings.MODIFYING OR QUASHING (DISMISSING) THIS PROTECTIVE ORDER: Only a judge can modify or quash (dismiss) this protective order. practice of law. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. Until you file your petition, it has no legal effect. 13-604.01) which includes: second degree murder; aggravated assault resulting in serious physical injury or involving the discharge, use or threatening use of a deadly weapon or dangerous instrument; sexual assault; molestation of a child; sexual conduct with a minor; commercial sexual exploitation of a minor; sexual exploitation of a minor; child abuse; kidnapping; sexual abuse or continuous sexual abuse of a child; taking a child for the purpose of prostitution; child prostitution; involving or using minors in drug offense. 7. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. I. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) Free parking is located on the south side of the court complex. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. 2. For more information, click. Until you file your petition at the court, you will be able to update your information if necessary. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. . Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. If a modification is requested after a hearing has been held on the original Order of Protection, a hearing will be set and notice of the hearing must be given to the defendant. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. Hear what is happening in Pinal County Court and Hearing Rooms. There is no fee for law enforcement service of an OOP or IAH on someone involved a dating/domestic relationship.PROTECTIVE ORDER HEARING: If the Defendant disagrees with this protective order, he/she has the right to request a hearing which will be held within 5 to 10 business days after a written request has been filed in the court that issued this order. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. When using any type of device, be careful about allowing the device to save your passwords. All files are under continual revision. Accessibility. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. A peace officer who makes an arrest pursuant to this section or section 13-3601 is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. For more information, clickhereto go to AZPOINT. All rights reserved. The Judicial Branch of Arizona In Maricopa County -2019. There is no charge for service of an Order of Protection. If you are in immediate danger, call 911. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an order of protection. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. are using have been updated. If this occurs, the hearing will be set 5 to 10 days from the date of request and you will be notified by the Court. 13-3602. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection. No fee may be charged to either party for filing an appeal. For the purposes of this subsection, "pending" means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that: 1. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. You are encouraged to speak to a victim advocate before you file your petition. If you wish to obtain an Order of Protection or an Injunction Against Harassment against a juvenile who is currently in secure care within the Arizona Department of Juvenile Corrections (ADJC), it is recommended that you do so a minimum of two months prior to the release of the juvenile. For the purposes of this subsection: 1. M. The order shall include the following statement: This is an official court order. Advocates are not attorneys and do not give legal advice, but they are available to speak to victims regarding questions concerning domestic violence and the process to obtain an Order of Protection or Injunction Against Harassment. provide you with legal recourse if the person served with a protective order violates the order. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. 2. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. An Order of Protection is a legal restraint used to prohibit a person from committing an act of domestic violence or from contacting people protected by the order. If you are not using these forms right away, or The court cannot delay sending the order out for service for more than 72 hours. Users have permission to use the files, A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. Your roommate or your former roommate. are using have been updated. The defendant may commit an act of domestic violence. Your information will be saved in this portal for up to 90 days. Do you think a person causing harm to you has or had access to this device and may be monitoring you? A hearing date will be set and the plaintiff will be notified of the hearing. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. Q. Go to https://azpoint.azcourts.gov/ to get started. The court will decide whether you are eligible for a fee deferral or waiver. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. Avoid choosing obvious words or numbers for your password. It is also important to know that when you file an affidavit, it does become a public record. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. including reliance on their contents. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 23-371. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. This downloadable Request for Hearing form should only be used if you are unable to go in person to one of the Law Library Resource Centerlocations to complete the form and you have spoken toourProtective Order staff. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. If the court issues an Order of Protection today, it will be sent out for service quickly. A supplemental information form that is used by the court or a law enforcement agency solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential. 2 min read. If the injunction is based on sexual violence, there is no fee for service. Your information will be saved in AZPOINT for up to 90 days. 4. Phone: (928) 771-3300. D. A fee shall not be charged for filing a petition under this section or for service of process. Name and address, if known, of the defendant. Harassment is defined as a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose (A.R.S. You can either call the the court for a remote hearing, or come into the court for your hearing. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. The Teen Mom OG alum, 35, was arrested on Wednesday for stalking and violation of an order of protection in Hamilton County, Tennessee, according to a March 1 press release from the Sheriff's . Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. A relationship does not have to exist between the two parties, as is required with an Order of Protection.Provided is a sample form for both the Order of Protection and the Injunction Against Harassment. AZPOINT willhelp you figure out whether you (the plaintiff) and the person from whom you are seeking protection (the defendant) have a qualifying relationship for an Order of Protection. You are encouraged to speak to a victim advocate before you file your petition.
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