Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. . 2. 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. 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. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. Free parking is located on the south side of the court complex. 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. When you have provided the minimum required information to file a petition, you will be "court ready" and will receive a confirmation number and information about next steps. 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 file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. 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). restrain a defendant from committing acts of violence and harassment. 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. For more information, click here to go to AZPOINT. the person causing harm knows details about private conversations you've had with others and has had access to your devices. including reliance on their contents. Questions youll be asked in AZPOINT will help collect this information. It is intended to prevent the offending person from contacting you. 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. 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. Your Government; . 2. Hoja de informacin para el demandante, 05. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) Only an attorney who is licensed in Arizona can give you legal advice. The files and forms are not intended to be used to engage in the unauthorized It looks like your browser does not have JavaScript enabled. Separate paperwork is required for each person from whom you are seeking protection. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. It has been designed to help you fill out a petition for an Order of Protection. AZPOINT will help you figure out whether you and the person from whom you are seeking protection have a qualifying relationship for an Order of Protection. Note that clicking on REFRESH will only reload your session but will not save your work on the page. Search for Case AZ Statewide. Do you think a person causing harm to you has or had access to this device and may be monitoring you? Be sure to LOG OUT every time you have finished working in this portal. 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. 13-3623); interferes with judicial proceedings (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. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. For the purposes of this subsection: 1. prohibit a defendant from contacting or coming into contact with you. Information on how to obtain an Emergency Order of Protection . If you completed the Petition on AZPoint, you will provide your confirmation to court staff. 12-1809(R)). We have a form to file a request for a hearing. . This person can be a member of your immediate family, or s/he may be a current or former spouse. practice of law. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. Victims must remain cautious and have a personal safety plan. Injunctions Against Harassment can be issued for individuals and workplaces. 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. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued. I. 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. An Order of Protection ( A.R.S. Listen to Court. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. 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. In some courts, you may be asked to complete the petition through an interactive computer program. Go to Protective Order Centeron the 2ndfloorof the Phoenix Municipal Court. 32 N. Stone Ave., 16th floor Tucson, Az. You must use the Notice regarding exclusive possession of shared residenceform. You can file your petition with any municipal court, justice court, or superior court location. 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. Orders of Protection are not valid until served on the defendant. Information for residents who have the privilege to serve on a Jury. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. 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. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Search. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. Caution: Before continuing, please think about whether the computer or the device youre using is safe. The agency closest to the defendants address will be assigned to serve the Order of Protection. Answer the questions that appear on each screen. 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. There is no charge for service of an Order of Protection. The court cannot delay sending the order out for service for more than 72 hours. The court will decide whether you are eligible for a fee deferral or waiver. 1. 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. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. 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. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. Your information will be saved in this portal for up to 90 days. 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. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. the battery is warm at rest; practice of law. If service of an order cannot be completed within fifteen days after the agency or entity receives the order, the agency or entity that is attempting service shall notify the plaintiff and continue to attempt service. Users have permission to use the files, Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result. . 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. Prescott, AZ 86303. The decision to schedule the execution of Aaron Gunches came six weeks after . When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. Relationship between you and the defendant. Call 911; explain that you have an Order of Protection and the defendant is approaching you. Your information will be saved in AZPOINT for up to 90 days. and complete the required paperwork provided by court staff. The Order of Protection must be served within one year of its issuance. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. You will be required to provide identification to court personnel at the time you complete the paperwork. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. Until you file your petition, it has no legal effect. Please allow at least two hours for the entire process. Until you file your petition at the court, you will be able to update your information if necessary. 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. How a party is served in the Order of Protection process has changed. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. Users have permission to use the files, Lo que usted debe saber sobre las rdenes de proteccin, 03. civil court orders prohibiting a specific person from making contact with you such as coming near your home, work site, school, or other locations as listed on the order. O. National Domestic Violence Hotline 1-800-799-7233 (TTY 1-800-787-3224) Arizona Coalition to End Sexual and Domestic Violence 602-279-2900 or 1-800-782-6400 Protective Orders Defined 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. 3. 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. This filing shall be completed in person, electronically or by fax. 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. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection. 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. 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. 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. 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. If you are not using these forms right away, or M. The order shall include the following statement: This is an official court order. Your information will be saved in AZPOINT for up to 90 days. The information on this website is not legal advice. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. Things to Know About Protective Orders, 05. Your spouse's parent, grandparent, brother, sister, child, grandchild. 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. Options for victims are here. To extend your session, click on the REFRESH button. 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 give you information on how to arrange for service of the injunction. Press Done after you fill out the form. 2. 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. The defendant may commit an act of domestic violence. 4. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. All files are under continual revision. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. 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. There is no cost for service of an Order of Protection. provide you with legal recourse if the person served with a protective order violates the order. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. The Judicial Branch of Arizona In Maricopa County -2019. 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. 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. 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. Until you file your petition at a court, you will be able to return here to update your information if necessary. D. A fee shall not be charged for filing a petition under this section or for service of process. Call them at 602-279-2900, 800-782-6400 . 3. 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. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. 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. The conduct can be any conduct which is harassment. Think before you print! Trusted friend or family member may be willing to let you use their computers or devices. 7. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Provide your petition number to court staff. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. It is also important to know that when you file an affidavit, it does become a public record. Leaving copies of your draft paperwork where others can read them may increaseyour risk. 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. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19.
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