H. The court shall not grant a mutual order of protection. All files are under continual revision. An Order of Protection (A.R.S. 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 the injunction is based on a dating relationship or sexual violence, there is no fee for service. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. 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. You can file your petition with any municipal court, justice court, or superior court location. and complete the required paperwork provided by court staff. Call them at 602-279-2900, 800-782-6400 . The agency closest to the defendants address will be assigned to serve the Order of Protection. 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. For cases prior to 2016, please contact the court directly at 928-771-3300. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. Orders of Protection served on or after September24, 2022, are valid for 2 years. How to Request a Hearing on an Order of Protection: How to Dismiss or Quash an Order of Protection: The father or mother of your child or your unborn child. Orders of Protection are not valid until served on the defendant. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. 6. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for any other additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. 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. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. The court cannot delay sending the order out for service for more than 72 hours. Requested petitions are typically seen by a judge and ruled on the same day. including reliance on their contents. L. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. Prescott, AZ 86303. 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. An order expires two years after service on the defendant. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. Think before you print! O. 2 min read. Site Map. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . Please have your petition confirmation number available so court staff can start your case. 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. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . If you completed the Petition on AZPoint, you will provide your confirmation to court staff. 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. *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. The Order of Protection must be served within one year of its issuance. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. How a party is served in the Order of Protection process has changed. The court cannot delay sending the order out for service for more than 72 hours. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. Your relationship to the defendant must fit into one of these categories. are using have been updated. A person that you were previously or are currently involved with either romantically or sexually. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. A modified order is effective on service and expires two years after service of the initial order and petition. Below are links to other nearby courts to obtain a Protective Order. There is no fee to file a Petition for Order of Protection. 3. practice of law. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. An Order of Protection may include various forms of legal protection such as removing firearms from the home, adding other people to the order and exclusive use of the home. restrain a defendant from committing acts of violence and harassment. forms, and information for any lawful purpose. A judge can order that the offending person (defendant) not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence, work, school or other locations. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. Some questions require ananswer, while others do not. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. 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. If the court issues an Order of Protection today, it will be sent out for service quickly. Ryan Edwards has found himself in more legal trouble. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. The Arizona Judicial Branch is pleased to offer Public Access to Court Case Information, a valuable online service providing a resource for information about court cases from 177 out of 184 courts in Arizona. The Judicial Branch of Arizona In Maricopa County -2019. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order on the defendant. The Judicial Branch of Arizona In Maricopa County -2019. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. 201 W. Jefferson Street Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. Teen Mom star Ryan Edwards, 35, has been arrested for the second time in a month after he was caught violating an order of protection once again, according to the Hamilton County Sheriff's . You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. Any dangerous crime against a child under 15 years of age 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. Accessibility. Your Government; . 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. 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. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. 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. . Your parent, grandparent, brother, sister, child, or grandchild. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. 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. 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. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Answers to general questions for obtaining protective orders. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. 2. Trusted friend or family member may be willing to let you use their computers or devices. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. This person can be a member of your immediate family, or s/he may be a current or former spouse. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. To extend your session, click on the REFRESH button. This form is available in English and Spanish. 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). The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. 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 enforcement agency will dispatch an officer to review your situation. Site Map. Formulario de informacin sobre el emplazamiento. A person that you were previously or are currently involved with either romantically or sexually. The defendant may commit an act of domestic violence. T. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. 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. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. 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. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. A copy of your petition and the order will be given to the Defendant and may be used in future judicial proceedings.SERVICE AND EFFECT: This protective order is valid for one year from the date it is served on the Defendant and is enforceable by law enforcement in any state or tribal nation in the United States. Search for Case AZ Statewide. 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. J. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. The conduct can be any conduct which is harassment. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. 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. Please allow at least two hours to complete the process and be prepared to describe all incidents between yourself and person from whom you are seeking protection. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. Your spouse's parent, grandparent, brother, sister, child or grandchild. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you This does not prohibit a court from issuing cross orders of protection. If the injunction is based on sexual violence, there is no fee for service. 4. To find an attorney, contact: To complete the process of asking for an Order of Protection, you must file your petition with an Arizona court. It has been designed to help you fill out a petition for an Order of Protection. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. How? 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. The Victims' Rights Unit can also work with you in the development of a safety plan if needed.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. Information for residents who have the privilege to serve on a Jury. A hearing date will be set and the plaintiff will be notified of the hearing. court@phoenix.gov Do not depend solely on this notification for your protection. Special procedures apply when the Plaintiff and/or Defendant are minors. If you decide to go ahead with your petition for a protective order, you must file it with a court. prohibit a defendant from contacting or coming into contact with you. The father or mother of your child or your unborn child. provide you with legal recourse if the person served with a protective order violates the order. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, For more information on protective orders, please see staff at any of our four locations. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. Leaving copies of your draft paperwork where others can read them may increaseyour risk. If you do not remember your confirmation number, court staff can assist 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. Superior Court. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant is: Your spouse or your former spouse. 13-3602 ) is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. the battery is warm at rest; The father or mother of your child or your unborn child. 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. you notice spikes in data use or increased charges on your phone bill, or A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. Orders of Protection served before September24, 2022, are valid for 1 year. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues.FIREARMS: You may request the judge order the Defendant not to possess, receive, or purchase firearms or ammunition.COUNSELING: If requested, counseling for the Defendant can only be ordered at a hearing at which you and the Defendant must appear.THIRD PARTIES: A protective order is not valid against third parties such as landlords, which means an order containing an exclusive use of a residence provision may not be honored if the Plaintiff is not the lease holder. Only a judge can modify an Order of Protection. 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. Injunctions Against Harassment can be issued for individuals and workplaces. G. If a court issues an order of protection, the court may do any of the following: 1. 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 can either call the the court for a remote hearing, or come into the court for your hearing. The court will decide whether you are eligible for a fee deferral or waiver. The court will decide whether you are eligible for a fee deferral or waiver.. Request an Order of Protection through AZPOINT https://azpoint.azcourts.gov/ The new AZPOINT system allows victims of domestic violence to prepare protective order petition documents online and then go to any court in Arizona to complete the process, file their documents, and establish a safety plan before leaving the courthouse. The court cannot delay sending the order out for service for more than 72 hours. . 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. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. The portal will also help 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 . When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. Caution: Before continuing, please think about whether the computer or the device youre using is safe. Your spouse's parent, grandparent, brother, sister, child or grandchild. Avoid choosing obvious words or numbers for your password. 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. It has been designed to help you fill out a petition for an Order of Protection. Information on how to obtain an Emergency Order of Protection . You may contact the Victims' Rights Unit to assist in development of a safety plan.An Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. For more information, clickhereto go to AZPOINT. 2. Listen to Court. Your address andcontact informationmay be kept confidential (meaningonly available to court staff).
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