Information on how to obtain an Emergency 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. Relationship between you and the defendant. 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. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Please allow at least two hours for the entire process. There is no charge for service of an Order of Protection. Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. The supreme court shall register the order with the national crime information center. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Once completed, you will meet with a judge to discuss your request. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. (b) One or more acts of sexual violence as defined by Orders of Protection served on or after September24, 2022, are valid for 2 years. For more information, click here to go to AZPOINT. You can file your petition with any municipal court, justice court, or superior court location. (Click here to find Arizona courts.) The files included within the Law Library Resource Center's website are copyrighted. You are only allowed one hearing. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. The petition number is needed to retrieve your petition and otherinformation from the portal. 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. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. 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. Show unavailable courts. court@phoenix.gov Your spouse's parent, grandparent, brother, sister, child, grandchild. One of the parties is a parent, grandparent, in-law or sibling, Someone with whom you are having a romantic or sexual relationship, One party pregnant by the other party or someone with whom you have a child in common, Yourrelative, or your current spouse'srelative (contact the Court for specific relatives), The defendantmust have committed acts of harassment, Criminal Trespass - first, second or third degree, Prohibits a person from coming near a home, work site, school, or other locations listed on the court order, Prohibits a person from contacting you by phone, email, text, mail, or other means listed on the court order, Does not resolve landlord/tenant disputes, Does not change custody or visitation orders. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. Please allow at least two hours for the entire process. W. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case. The provisions for release under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made pursuant to this section. For the purposes of this section, any court in this state has jurisdiction to enforce a valid order of protection that is issued in this state and that has been violated in any jurisdiction in this state. An Order of Protection (A.R.S. Avoid choosing obvious words or numbers for your password. Things to Know About Protective Orders, 05. Hoja de informacin para el demandante, 05. To make a payment for cases, please click here. 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. Regular orders of protection can now remain effective for two years . There may be a court that is closer to your location. This does not prohibit a court from issuing cross orders of protection. 3. 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. 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: Please turn on JavaScript and try again. The defendant may commit an act of domestic violence. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. 7. The court will give you information on how to arrange for service of the injunction. provide you with legal recourse if the person served with a protective order violates the order. Call 911; explain that you have an Order of Protection and the defendant is approaching you. Until you file your petition, it has no legal effect. 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. 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. The father or mother of your child or your unborn child. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. 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. It is also important to know that when you file an affidavit, it does become a public record. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (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. Below are links to other nearby courts to obtain a Protective Order. Phone: (928) 771-3300. 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. How? 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of 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. Site Map. If you are not using these forms right away, or Expect to be at the Court house for at least 2 hours. You can either call the the court for a remote hearing, or come into the court for your hearing. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. 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. 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. 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. 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. For cases prior to 2016, please contact the court directly at 928-771-3300. The portal will allow you to print draft (but not official) copies of the forms thatyou will need to file a petition for an Order of Protection. 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. 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. with the defendant - See the Relationship Test. Note that clicking on REFRESH will only reload your session but will not save your work on the page. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Information for residents who have the privilege to serve on a Jury. You will need to contact a specific court for information on their Protective Order process. If you would like your personal information protected, it must specifically be requested.Please refer to the following website to locate an Arizona Order of Protection or Injunction Against Harassment Packet: Protective Order FormsPlease refer to the following website to find a court in your area that may be able to assist you with Orders of Protection: Arizona Court LocatorORDERS OF PROTECTION A.R.S. Where do I start? 5. 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. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. Your parent, grandparent, brother, sister, child, or grandchild. 2. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. 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. Unless the party who requests the order files a written verified petition for an order. 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. 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. There is no fee to file a Petition for Order of Protection. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 3. 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. If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to theProtective Order Center with a valid picture I.D. Information and resources for sexual anddomestic violence victims ishere. 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. Call them at 602-279-2900, 800-782-6400 . Any of the following acts in which the defendant: threatens or intimidates (A.R.S. Search for Case Pinal County. 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. forms, and information for any lawful purpose. Site Map. A person that you were previously or are currently involved with either romantically or sexually. *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. 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. 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. This filing shall be completed in person, electronically or by fax. The court will decide whether you are eligible for a fee deferral or waiver.. In some courts, you may be asked to complete the petition through an interactive computer program. It has been designed to help you fill out a petition for an Order of Protection. There is no fee to use AZPOINT. 12-1809(R)). You will be required to provide identification to court personnel at the time you complete the paperwork. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. 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. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. 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. 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. Prescott, AZ 86303. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. the battery is warm at rest; Protective Orders served on or after 9/24/22 are in effect for two years from date of service. 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. If you are asking for an Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction, if the judge issues it. The court cannot delay sending the order out for service for more than 72 hours. 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 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. 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. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. Rental Assistance & Eviction Prevention Programs. 2 min read. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. You may file with a justice of the peace court, a city court, or a superior court. 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). 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. 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. 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. Instruction Form; Petition to Expunge The court will give you information on how to arrange for service of the injunction. 23-371. 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. 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. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) If you completed the Petition on AZPoint, you will provide your confirmation to court staff. 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. Order of Protection (forms) Title Title English Spanish Defendant's Guide Sheet for Protective Orders OP/IAH/IAWH - Acceptance of Service Declaration of Service Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing Notice of Hearing Prior to Issuance Of Notice of Hearing Supplement to Petition If you are in immediate danger, call 911. 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. The agency closest to the defendants address will be assigned to serve the Order of Protection. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. including reliance on their contents. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (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. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence. If the injunction is based on sexual violence, there is no fee for service. You are encouraged to speak to a victim advocate before you file your petition. 13-3602. 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. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information:
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