13-3602, an Emergency Order of Protection See A.R.S. While the Protective Order Petition may be completed on paper, you may be asked to recopy your information onto a multipart form or one that is specific to the courthouse where you file. A.R.S. After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J of this section for service or to an entity that is authorized in subsection K of this section to serve process. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 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. Warning: Your AZPOINT session is about to expire because of inactivity. All rights reserved. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. An Order of Protection is a court order prohibiting a specific person ( defendant) from coming near a home, workplace, or other location listed in the document. B. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. An action has been commenced but a final judgment, decree or order has not been entered. The court will decide whether you are eligible for a fee deferral or waiver. 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. The father or mother of your child or your unborn child. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Thursday, November 10, 2022 12:22 PM, Address: IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. National Domestic Violence Hotline 1-800-799-7233 (TTY 1-800-787-3224) Arizona Coalition to End Sexual and Domestic Violence 602-279-2900 or 1-800-782-6400 Protective Orders Defined A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. An order is effective on the defendant on service of a copy of the order and petition. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. If the Defendant does not want contact with you they have the right to request a protective order against you.LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. 23-371. G. If a court issues an order of protection, the court may do any of the following: 1. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. Name of the plaintiff. REMEMBER - The ProtectiveOrder (either the Order of Protection, or the Injunction Against Harassment)is not valid until it has officially been served by police or a process server. Double check all the fillable fields to ensure total precision. IMPORTANT: There is NO FEE to use AZPOINT. 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. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence. If the judge issues the Order of Protection, the court will send a copy of it and your petition to law enforcement (city police, county sheriff, or constable) . M. The order shall include the following statement: This is an official court order. The court will give you information on how to arrange for service of the injunction. Listen to Court. Legal advice is dependent upon the specific circumstances of each situation. A hearing date will be set and the plaintiff will be notified of the hearing. 2 min read. 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. There is no charge for service of 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. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. For more information, clickhereto go to AZPOINT. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. Teen Mom star Ryan Edwards is wanted by police for allegedly stalking his estranged wife Mackenzie Edwards, who obtained a protective order against her ex while filing for divorce. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Rental Assistance & Eviction Prevention Programs. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. 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. 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. 6. J. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. If the Injunction Against Harassment is not served within one year, it automatically expires. E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. Prescott, AZ 86303. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 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. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. Protective Orders served before 9/24/22 are in effect for one year from date of service. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting people protected by the order. Your spouse's parent, grandparent, brother, sister, child, grandchild. If the injunction is based on sexual violence, there is no fee for service. Once the Order of Protection is obtained, you may mail or hand deliver it to the Victims' Rights Unit, which will arrange for service upon the juvenile (at no cost to the victim). 13-1302); criminally trespasses or criminally damages (A.R.S. All files are under continual revision. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. If law enforcement has not been able to serve the order within 15 days, you may be asked to give the law enforcement agency more information about the defendant. 3. Injunctions Against Harassment can be issued for individuals and workplaces. Your parent, grandparent, brother, sister, child, or grandchild. 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. 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. . The supreme court shall maintain a central repository for orders of protection. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall enter the order and proof of service into the supreme court's central repository for orders of protection. How? How a party is served in the Order of Protection process has changed. 5. Search for cases using statewide search . There is no cost for service of an Order of Protection. Caution: Before continuing, please think about whether the computer or the device youre using is safe. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived Site Map. To file a motion to dismiss or quash an Order of Protection, you must go to one of the Law Library Resource Center locations to complete a motion. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. If the judge finds sufficient grounds, the judge will issue the Order of Protection and thecourt will send the Order of Protection and a copy of the petition out for service TODAY, unless the court delays it. Not all requests for orders of protection or injunctions against harassment are granted and some may require a court hearing with the person you are seeking protection from before issuance. . Expect to be at the Court house for at least 2 hours. The defendant may commit an act of domestic violence. Call 911; explain that you have an Order of Protection and the defendant is approaching you. practice of law. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Your information will be saved in AZPOINT for up to 90 days. 2. 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. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Wednesday, January 25, 2023 1:18 PM, Address: based on the relationship you have with the party you are seeking protection from. Please have your petition confirmation number available so court staff can start your case. Forms to apply for an Order of Protection, Injunction Against Harassment, and Injunction Against Workplace Harassment are available at AZPOINTor onsite atthe Law Library Resource Center. For more information on protective orders, please see staff at any of our four locations. This person can be a member of your immediate family, or s/he may be a current or former spouse. 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 *You may also use this portal if you're asking for protection on behalf of another person--either (1) a minor of whom you are the parent, guardian, or legal custodian or (2) an adult who is temporarily or permanently unable to request an order. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. S. A person who is arrested pursuant to subsection R of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. The MTV personality, who was arrested on Feb. 10 on suspicion of harassment, possession of drug paraphernalia, possession of a controlled substance and order of protection violation, is now being accused of stalking . While the Protective Order Petition may be completed on paper, you may be asked to recopy your information onto a multipart form or one that is specific to the courthouse where you file. After the hearing, the court may modify, quash or continue the order. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. You will need your petition confirmation number to file your petition with a court. If you decide to go ahead with your petition for a protective order, you must file it with a court. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. For cases prior to 2016, please contact the court directly at 928-771-3300. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. 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. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. 13-3602. including reliance on their contents. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. Some questions require ananswer, while others do not. Any court in the state ofArizona can review a petition and issue a Protective Order. Avoid choosing obvious words or numbers for your password. If you have made changes to this page, please close this window immediately and save/submit your changes. 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. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. The court will give you information on how to arrange for service of the injunction. Trusted friend or family member may be willing to let you use their computers or devices. 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. The address and contact information shall not be listed on the petition. The more detailed and accurate information you can provide regarding the locations where the defendant can be served greatly increases the likelihood the order will be served successfully. 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. Court staff will help you determine the correct Court action for your situation. For more information, please reference A.R.S. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. After you file your petition, you will have to speak to a judge. You may file with a justice of the peace court, a city court, or a superior court. Answers to general questions for obtaining protective orders. 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. You must follow the instructions set forth in the Procedures. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. R. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. Separate paperwork is required for each person from whom you are seeking protection. 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. If you are in immediate danger, call 911. Only a judge can dismiss or quash an Order of Protection. Do not depend solely on this notification for your protection. Please allow at least two hours for the entire process. Hear what is happening in Pinal County Court and Hearing Rooms. You are encouraged to speak to a victim advocate before you file your petition. Go to https://azpoint.azcourts.gov/ to get started. the battery is warm at rest; Accessibility. Spyware is a software program that can secretly collect personal information when youre online. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. Be sure to LOG OUT every time you have finished working in this portal. Think before you print! This website has been prepared for general information purposes only. 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. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. AZPOINT will help you figure out whether you and the person from whom you are seeking protection have a qualifying relationship for an Order of Protection. Jury Information . 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 . 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. 12-1809(R)). 01. Some red flags to consider if you think spyware may be on your device are: the device takes a long time to shut down; 12-1809:An Injunction Against Harassment is available if the conduct of any person is harassment; as defined by Arizona law: ADDITIONAL INFORMATION ABOUT PROTECTIVE ORDERS:PUBLIC ACCESS: Only the information contained in the served protective order, not the petition, will be entered into the state computer system and will be made public on the internet. Information on healthy relationships is here. You must use the Notice regarding exclusive possession of shared residenceform. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. Utilize a check mark to point the choice wherever required. Your information will be saved in AZPOINT for up to 90 days. Injunction Against Workplace Harassment Sample, 11. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Do you think a person causing harm to you has or had access to this device and may be monitoring you? F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. are using have been updated. If the order can be served in another city or town, the order shall be served by the law enforcement agency of that city or town. If the order cannot be served within a city or town, the order shall be served by the sheriff or constable of the county in which the defendant can be served. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. 3. Instruction Form; Petition to Expunge 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. Phoenix, AZ 85003. https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. A civil court order issued to prevent continuing acts of family violence. 2. To extend your session, click on the REFRESH button. Protective Orders. 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. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. If the defendant has been served with the original Order of Protection but has not requested a hearing, you will be required to appear before a judge and explain why you want to modify the order. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. Ryan Edwards has found himself in more legal trouble. 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 adding minor children, please provide their date of birth & social security numbers if known. This marks Edwards' second arrest within . Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. (Click here to find Arizona courts.) Lo que usted debe saber sobre las rdenes de proteccin, 03. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. For each order of protection that is issued by a municipal court, if the defendant can be served within that city or town, the order shall be served by the law enforcement agency of that city or town. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. Enter your official contact and identification details. Search for Case AZ Statewide. You will need to contact a specific court for information on their Protective Order process. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. You are only allowed one hearing. Users have permission to use the files, K. In addition to persons authorized to serve process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an order of protection that is issued pursuant to this section. Service of the order of protection has priority over other service of process that does not involve an immediate threat to the safety of a person. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. Learn about the three types of Protective Orders: Find resources for local courts, police and victim's services offices, emergency shelters, crisis intervention and hotlines, and counseling services here. Your information will be saved in this portal for up to 90 days. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. Name and address, if known, of the defendant. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. If the Defendant disagrees with the Order of Protection, 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 the order. All rights reserved. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. The agency with custody of the defendant shall make reasonable efforts to contact the victim and other specifically designated persons in the order of protection, if known to the custodial agency, who requested notification immediately on release of the arrested person from custody. you notice spikes in data use or increased charges on your phone bill, or Information on how to obtain an Emergency Order of Protection . Dates the incidents occurred and case numbers if applicable. AZPOINT will help you figure out whether you and the person from whom you are seeking protection have a qualifying relationship for an Order of Protection. Things to Know About Protective Orders, 05. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. Order of Protection - A court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. It is recommended that you fill out this form in order to have all the information with you when you go to your Justice Court to fill out their forms. You are encouraged to speak to a victim advocate before you file your petition. 13-3623); interferes with judicial proceedings (A.R.S. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. Arizona voters passed Proposition 207 in November, 2020. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court.