Information and resources for sexual anddomestic violence victims ishere. Your parent, grandparent, brother, sister, child, or grandchild. There may be a court that is closer to your location. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. based on the relationship you have with the party you are seeking protection from. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. 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) for service on the defendant. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. The judge will decide whether there's a legal basis to issue a protective order. The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area. . Your relationship to the defendant must fit into one of these categories. Expect to be at the Court house for at least 2 hours. 201 W. Jefferson Street This notification may be completed by a victim notification system, if available. Users have permission to use the files, You may file with a justice of the peace court, a city court, or a superior court. 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. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. 2. Effective 01/01/2020 - If the Judge grants your Petition, the court will send the Order of Protection and a copy of the petition out for service TODAY, unless the court delays it. Orders of Protection are not valid until served on the defendant. In some courts, you may be asked to complete the petition through an interactive computer program. The conduct can be any conduct which is harassment. The State of Arizona has established the Spouse of Military Veterans Tuition Scholarship to provide for coverage of tuition and fees pertaining to undergraduate degrees at the University of Arizona. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance. 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. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. You may file with a justice of the peace court, a city court, or a superior court. 13-3602. The Judicial Branch of Arizona In Maricopa County -2019. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. The petition number is needed to retrieve your petition and otherinformation from the portal. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. The court cannot delay sending the order out for service for more than 72 hours. Your spouse's parent, grandparent, brother, sister, child or grandchild. Stop an Income Withholding Order. Search for Case AZ Statewide. U. 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. 5. If the injunction is based on sexual violence, there is no fee for service. Where do I start? Protective Orders served before 9/24/22 are in effect for one year from date of service. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . Double check all the fillable fields to ensure total precision. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. provide you with legal recourse if the person served with a protective order violates the order. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Name and address, if known, of the defendant. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 6. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. If adding minor children, please provide their date of birth & social security numbers if known. If you are in need of an experienced defense . If you are not using these forms right away, or Prescott, AZ 86303. Accessibility. Do you think a person causing harm to you has or had access to this device and may be monitoring you? 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. 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. Regular orders of protection can now remain effective for two years . There is no cost for service of an Order of Protection. 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. the battery is warm at rest; 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. For more information, please reference A.R.S. 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. prohibit a defendant from contacting or coming into contact with you. 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. Questions youll be asked in AZPOINT will help collect this information. You must follow the instructions set forth in the Procedures. 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. . Answer the questions that appear on each screen. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived Any of the following acts in which the defendant: You may request an Order of Protection at any of the Law Library Resource Centerlocations at the Superior Court, or go to one of the municipal courts or one of the justice courts. Search. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). Q. 2 min read. 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 information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 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. The father or mother of your child or your unborn child. 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. Aviso referente a la posesin exclusiva de una residencia compartida, 07. Process Service Deposits and Fees Waivers and deferrals: Unless you provide a waiver or deferral from an Arizona Superior Court, there will be charges for serving your papers. The address and contact information shall not be listed on the petition. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage. You will need your petition confirmation number to file your petition with a court. If the Injunction Against Harassment is not served within one year, it automatically expires. WWW.SC.PIMA.GOV/JURORS The Superior Court urges anyone contacted by potential scammers to immediately call the Jury Commissioner's Office (520) 724-4222, to verify whether a jury summons is in effect. If you have recently been served with an Order of Protection and feel that the Petitioner is in the wrong, you can request a hearing to appeal the order. Juror Information: The court is located South of the Superstition Freeway (U.S.Route 60) and just west of North Mesa Drive. A. 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. For each order of protection that is issued by a superior court judge or commissioner, the order of protection shall by served by the sheriff or constable of the county where the defendant can be served. 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. Victims must remain cautious and have a personal safety plan. The files and forms are not intended to be used to engage in the unauthorized It is not an order for visitation. with the defendant - See the Relationship Test. Jury Information . O. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. are using have been updated. (Click here to find Arizona courts.) An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. 23-371. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Orders of Protection served on or after September24, 2022, are valid for 2 years. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. The court cannot delay sending the order out for service for more than 72 hours. The Arizona Protective Order Initiation and Notification Tool (AZPOINT) Through an interview in the AZPOINT portal https://azpoint.azcourts.gov/, you can quickly fill out the forms that you need to ask for an Order of Protection at an Arizona court. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. 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. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. 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. An Order of Protection (A.R.S. including reliance on their contents. 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). After you file your petition, you will have to speak to a judge. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. For the purposes of this subsection: 1. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. A mutual protection order that is issued against both the party who filed a petition or a complaint or otherwise filed a written pleading for protection against abuse and the person against whom the filing was made is not entitled to full faith and credit if either: (a) The person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection 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. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. You can file your petition with any municipal court, justice court, or superior court location. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. Complete the paperwork for the judge to review. 2. 2. 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. H. The court shall not grant a mutual order of protection. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. The father or mother of your child or your unborn child. A.R.S. court@phoenix.gov Protective Orders served on or after 9/24/22 are in effect for two years 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 other people protected by the order. You must follow the instructions set forth in the Procedures. This website has been prepared for general information purposes only. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. 13-1302); criminally trespasses or criminally damages (A.R.S. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. It allows victims the option of registering to be notified when an Order of Protection has been served. 12-1809) is a court order to seek protection from a person other than someone you live with, a personwith whom you have norelationship, or a current or former non-family member. To request a hearing on an Order of Protection, the Defendant must go to one of the Law Library Resource Center locations to complete a Request for Hearing form. 32 N. Stone Ave., 16th floor Tucson, Az. 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. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Law enforcement has a continuing duty to attempt service, so if you have additional information about the defendant's location, please contact the law enforcement agency. B. Rental Assistance & Eviction Prevention Programs. 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. 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. Ryan Edwards has found himself in more legal trouble. 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. Only an attorney who is licensed in Arizona can give you legal advice. If you feel that you have been, or are imminently about to be: threatened, unlawfully harassed, physically abused, subjected to workplace harassment or victimized by domestic violence, you may come to the Gilbert Municipal Court anytime during public business hours to request a protective order. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). You can protect your home and work address by requesting on the application form that your addresses be protected.OTHER PROTECTED PERSONS: It is possible that you will be referred to Superior Court if your children are listed as protected persons in this order. You will be required to provide identification to court personnel at the time you complete the paperwork. It is also important to know that when you file an affidavit, it does become a public record. . If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. 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 . Things to Know About Protective Orders, 05. Your information will be saved in AZPOINT for up to 90 days. Arizona voters passed Proposition 207 in November, 2020. Your information will be saved in AZPOINT for up to 90 days. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. Users have permission to use the files, 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. We have a form to file a request for a hearing. 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 . 01. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. 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. An order is effective on the defendant on service of a copy of the order and petition. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. Below are links to other nearby courts to obtain a Protective Order. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. The files included within the Law Library Resource Center's website are copyrighted. You are encouraged to speak to a victim advocate before you file your petition. practice of law. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. 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. practice of law. 2. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. Injunctions Against Harassment are in effect for one year from date of service.. Utilize a check mark to point the choice wherever required. 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. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. 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. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. Emergency Order of ProtectionIf the Court has closed for business, Emergency Orders of Protection are granted by a judge in writing verbally, or telephonically to protect a person who is in imminent danger of domestic violence. Think before you print! 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. 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. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. The files included within the Law Library Resource Center's website are copyrighted. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. 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. Press Done after you fill out the form. 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. Please have your petition confirmation number available so court staff can start your case. 2. 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. An order expires two years after service on the defendant. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. 3. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. To extend your session, click on the REFRESH button. A person that you were previously or are currently involved with either romantically or sexually. For more information, clickhereto go to AZPOINT. Name of the plaintiff. An order of protection is a court order intended to prevent acts of domestic violence. You will be required to appear before a judge and explain why you want to dismiss the order. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. When using any type of device, be careful about allowing the device to save your passwords. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. Nothing you do can stop, change, or undo this protective order without the Court's written approval.PLAINTIFF CONTACT: Even if you initiate contact, the Defendant could be arrested for violating this protective order. 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. Spyware is a software program that can secretly collect personal information when youre online. Any court in the state ofArizona can review a petition and issue a Protective Order. The court will give you information on how to arrange for service of the injunction. 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. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. A person that you were previously or are currently involved with either romantically or sexually. Emergency Orders of Protection are available from local law enforcement agencies.