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. Specific statement, including dates, of the domestic violence alleged. assaults, including use of a dangerous weapon or causing serious bodily harm; interferes with the custody of a child unlawfully; criminally trespasses or criminally damages; disorderly conduct or stalks; uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend; Your address information (this information is confidential). (. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Orders of Protection served on or after September24, 2022, are valid for 2 years. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. are using have been updated. M. The order shall include the following statement: This is an official court order. There is no fee for law enforcement service of an OOP or IAH on someone involved a dating/domestic relationship.PROTECTIVE ORDER HEARING: If the Defendant disagrees with this protective order, he/she has the right to request a hearing which will be held within 5 to 10 business days after a written request has been filed in the court that issued this order. 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 You must use the Notice regarding exclusive possession of shared residenceform. with the defendant - See the Relationship Test. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, 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. The court cannot delay sending the order out for service for more than 72 hours. 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. In some courts, you may be asked to complete the petition through an interactive computer program. To file a motion to dismiss or quash an Order of Protection, you must go to one of the Law Library Resource Center locations to complete a motion. Listen to Court. 2. Call them at 602-279-2900, 800-782-6400 . The conduct can be any conduct which is harassment. Enter your official contact and identification details. 3. A person that you were previously or are currently involved with either romantically or sexually. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). Answers to general questions for obtaining protective orders. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. Hoja de informacin para el demandante, 05. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. restrain a defendant from committing acts of violence and harassment. 13-1502, 1503, 1504, 1602); disorderly conduct (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. (b) One or more acts of sexual violence as defined by 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. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. If you decide to go ahead with your petition for a protective order, you must file it with a court. Press Done after you fill out the form. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: Your parent, grandparent, brother, sister, child, or grandchild. Where do I start? 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. An order of protection shall not be granted: 1. 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. For more information, click here to go to AZPOINT. 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. 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 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. Until you file your petition, it has no legal effect. Aviso referente a la posesin exclusiva de una residencia compartida, 07. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior 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. 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. 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. 2 min read. 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. Free parking is located on the south side of the court complex. Even if you initiate contact, the Defendant could be arrested for violating this protective order. An order of protection is a court order intended to prevent acts of domestic violence. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". Information and resources for sexual anddomestic violence victims ishere. 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. 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. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . Name of the plaintiff. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . 01. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. IMPORTANT: There is NO FEE to use AZPOINT. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. The court will decide whether you are eligible for a fee deferral or waiver. Your Government; . 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. 6. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). 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. 13-3602)is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. If adding minor children, please provide their date of birth & social security numbers if known. You will need your petition confirmation number to file your petition with a court. The court will give you information on how to arrange for service of the injunction. 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. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Until you file your petition at the court, you will be able to update your information if necessary. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Rental Assistance & Eviction Prevention Programs. Your information will be saved in AZPOINT for up to 90 days. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. 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. Until the Order is served, you should keep an additional copy of the Order of Protection in your possession in order for law enforcement to complete service on the defendant if the defendant has not been served and comes near you. Please allow at least two hours for the entire process. Injunction Against Workplace Harassment Sample, 11. 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. Protective Orders. 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 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. You are encouraged to speak to a victim advocate before you file your petition. 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. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. Accessibility. 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. This website has been prepared for general information purposes only. The agency closest to the defendants address will be assigned to serve the Order of Protection. 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. The files included within the Law Library Resource Center's website are copyrighted. How do you know whether spyware has been installed on your device? After the hearing, the court may modify, quash or continue the 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. 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. 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. Orders of Protection served before September24, 2022, are valid for 1 year. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. The Arizona Judicial Branch is pleased to offer Public Access to Court Case Information, a valuable online service providing a resource for information about court cases from 177 out of 184 courts in Arizona. The Order of Protection must be served within one year of its issuance. 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. 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. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. Lo que usted debe saber sobre las rdenes de proteccin, 03. If you wish to obtain an Order of Protection or an Injunction Against Harassment against a juvenile who is currently in secure care within the Arizona Department of Juvenile Corrections (ADJC), it is recommended that you do so a minimum of two months prior to the release of the juvenile. 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. 13-3602. Users have permission to use the files, 2. the battery is warm at rest; Be sure to LOG OUT every time you have finished working in this portal. Search for Case AZ Statewide. For each order of protection that is issued by a municipal court, if the defendant can be served within that city or town, the order shall be served by the law enforcement agency of that city or town. 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. and complete the required paperwork provided by court staff. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 2. 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. *If you are an employer seeking protection of your business or employees, you may apply for an Injunction Against Workplace Harassment based on a single act or a series of acts of harassment. For cases prior to 2016, please contact the court directly at 928-771-3300. There is NO FEE to use AZPOINT. 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 files included within the Law Library Resource Center's website are copyrighted. Think before you print! You can help this process by providing information on the most likely places where the defendant can be served. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. Instruction Form; Petition to Expunge 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. How a party is served in the Order of Protection process has changed. provide you with legal recourse if the person served with a protective order violates the order. V. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing 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. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. An action has been commenced but a final judgment, decree or order has not been entered. 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. Leaving copies of your draft paperwork where others can read them may increaseyour risk. Protective Orders served before 9/24/22 are in effect for one year from date of service. You may file with a justice of the peace court, a city court, or a superior court. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Search for Case Pinal County. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. The court cannot delay sending the order out for service for more than 72 hours. You are encouraged to speak to a victim advocate before you file your petition. You will need to contact a specific court for information on their Protective Order process. 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. Only a judge can dismiss or quash an Order of Protection. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. 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. If this occurs, the hearing will be set 5 to 10 days from the date of request and you will be notified by the Court. 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. 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. 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. It has been designed to help you fill out a petition for an Order of Protection. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. 13-1302); criminally trespasses or criminally damages (A.R.S. 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. U. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . . Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. 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. 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.