It has been designed to help you fill out a petition for an Order of Protection. The Judicial Branch of Arizona in Maricopa County The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. 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. 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. For more information, click here to go to AZPOINT. All rights reserved. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. An order of protection shall not be granted: 1. After you file your petition, you will have to speak to a judge. The judge will decide whether there's a legal basis to issue a protective order. 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. Your parent, grandparent, brother, sister, child, or grandchild. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Users have permission to use the files, Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. The petition number is needed to retrieve your petition and otherinformation from the portal. If the Judge grants your Petition for Order of Protection, the court will send the Order of Protection and a copy of the petition out for servicetoday, unless the court delays it. 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. A. (. 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. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. You may file with a justice of the peace court, a city court, or a superior court. The law enforcement agency will dispatch an officer to review your situation. Do you think a person causing harm to you has or had access to this device and may be monitoring you? The first awards for this scholarship are . 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. 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 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 . If you are not using these forms right away, or Phoenix, AZ 85003. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. 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 father or mother of your child or your unborn child. Search. 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. AZPOINT | Yuma County Please allow at least two hours for the entire process. Some red flags to consider if you think spyware may be on your device are: the device takes a long time to shut down; 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. 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. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. 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. 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. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. How a party is served in the Order of Protection process has changed. For the purposes of this subsection: 1. B. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. 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. Requested petitions are typically seen by a judge and ruled on the same day. The court will give you information on how to arrange for service of the injunction. Your spouse's parent, grandparent, brother, sister, child, grandchild. Separate paperwork is required for each person from whom you are seeking protection. Please have your petition confirmation number available so court staff can start your case. If you are not using these forms right away, or 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. 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. Primary Business Address: 120 South Cortez Street. Please allow at least two hours for the entire process. The Order of Protection must be served within one year of its issuance. If you are in need of an experienced defense . 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. If you decide to go ahead with your petition for a protective order, you must file it with a court. The Judicial Branch of Arizona in Maricopa County Answer the questions that appear on each screen. 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. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. An order is effective on the defendant on service of a copy of the order and petition. 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. 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. Your information will be saved in this portal for up to 90 days. 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. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. 5. 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. Accessibility. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . 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. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. 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. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. 2. For more information on protective orders, please see staff at any of our four locations. prohibit a defendant from contacting or coming into contact with you. Phone: (928) 771-3300. Prescott, AZ 86303. 2. Formulario de informacin sobre el emplazamiento. 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. 13-1302); criminally trespasses or criminally damages (A.R.S. 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). Services - Government of New York 4. Your spouse's parent, grandparent, brother, sister, child or grandchild. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. The address and contact information shall not be listed on the petition. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. 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. Your spouse's parent, grandparent, brother, sister, child or grandchild. 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. 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. Public Access Case Lookup - Arizona Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 2 min read. *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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. 201 W. Jefferson Street The hearing shall be held at the earliest possible time. practice of law. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. You must follow the instructions set forth in the Procedures. 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. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. 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 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. J. Even if you initiate contact, the Defendant could be arrested for violating this protective order. Call 911; explain that you have an Order of Protection and the defendant is approaching you. Caution: Before continuing, please think about whether the computer or the device youre using is safe. Room 103. G. If a court issues an order of protection, the court may do any of the following: 1. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. 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. 2. All files are under continual revision. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. For more information, please reference A.R.S. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. 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. Injunctions Against Harassment are in effect for one year from date of service.. Information on healthy relationships is here. Protective Orders. Order of Protection Arizona Forms 2001-2023 - signNow 12-1809(R)). This does not prohibit a court from issuing cross orders of protection. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. Only a judge can dismiss or quash an Order of Protection. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. If you have made changes to this page, please close this window immediately and save/submit your changes. 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. effective for 1-2 years from service date. A.R.S. Hear what is happening in Pinal County Court and Hearing Rooms. 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. 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. Relationship between you and the defendant. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. 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. Lo que usted debe saber sobre las rdenes de proteccin, 03. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. Your parent, grandparent, brother, sister, child, or grandchild. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) 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. The files and forms are not intended to be used to engage in the unauthorized Please turn on JavaScript and try again. Superior Court. The agency closest to the defendants address will be assigned to serve the Order of Protection. If you are in immediate danger, call 911. Leaving copies of your draft paperwork where others can read them may increaseyour risk. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. You are encouraged to speak to a victim advocate before you file your petition. This filing shall be completed in person, electronically or by fax. 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 . The court will decide whether you are eligible for a fee deferral or waiver.. Trusted friend or family member may be willing to let you use their computers or devices. 3. 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. Name, date of birth, and address of the person you are seeking protection from, Past or present court proceedings involving yourself and the person from whom you seek protection, Address and phone number of the person where the Protective Order can be served, If the Protective Order is not served within one year, it automatically expires. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. Arizona Order of Protection and Injunction of Harassment Forms The Judicial Branch of Arizona In Maricopa County -2019. A person that you were previously or are currently involved with either romantically or sexually. 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. Provide your petition number to court staff. Only an attorney who is licensed in Arizona can give you legal advice. Options for victims are here. U. The Judicial Branch of Arizona in Maricopa County There is no fee to file a Petition for Order of Protection. 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. Your Government; . 13-2916); The defendant can be anyone, whether or not related to you. 13-3624(C), an Injunction Against Harassment See A.R.S. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. 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. Until you file your petition at a court, you will be able to return here to update your information if necessary. Orders of Protection served before September24, 2022, are valid for 1 year. The court will decide whether you are eligible for a fee deferral or waiver. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). 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. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. Hoja de informacin para el demandante, 05. 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. Family violence is defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. 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. PHOENIX (AP) The Arizona Supreme Court issued a warrant to execute a prisoner even though the state's new Democratic attorney general tried to withdraw her Republican predecessor's request to carry out the execution. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal. H. The court shall not grant a mutual order of protection. 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. Legal advice is dependent upon the specific circumstances of each situation. . Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. Orders of Protection | Maricopa County Sheriff's Office