32 N. Stone Ave., 16th floor Tucson, Az. (Click here to find Arizona courts.) 2 min read. A. Unless the party who requests the order files a written verified petition for an order. If the Judge grants your petition for an Order of Protection the court will immediately send the Order of Protection and a copy of the petition for service on the defendant. The Order of Protection must be served within one year of its issuance. A hearing date will be set and the plaintiff will be notified of the hearing. A person that you were previously or are currently involved with either romantically or sexually. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. If the court issues an Order of Protection today, it will be sent out for service quickly. To extend your session, click on the REFRESH button. 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. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. Formulario de informacin sobre el emplazamiento. 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. If you have made changes to this page, please close this window immediately and save/submit your changes. Separate paperwork is required for each person from whom you are seeking protection. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. Note that clicking on REFRESH will only reload your session but will not save your work on the page. Your information will be saved in AZPOINT for up to 90 days. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. Your information will be saved in AZPOINT for up to 90 days. Provide your petition number to court staff. 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. To have an injunction granted or issued: "harassment" means either of the following: (a) A series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose. 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. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. Emergency Orders of Protection are available from local law enforcement agencies. The court will decide whether you are eligible for a fee deferral or waiver.. If you are in immediate danger, call 911. 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 agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. Legal advice is dependent upon the specific circumstances of each situation. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. 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. 2. Court staff will help you determine the correct Court action for your situation. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. Injunctions Against Harassment are in effect for one year from date of service.. Arizona voters passed Proposition 207 in November, 2020. 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. Site Map. Your parent, grandparent, brother, sister, child, or grandchild. 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. 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. 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. 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. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. It allows victims the option of registering to be notified when an Order of Protection has been served. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. U. It has been designed to help you fill out a petition for an Order of Protection. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency. Search. 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. Protective Orders. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant is: Your spouse or your former spouse. Be sure to LOG OUT every time you have finished working in this portal. 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). The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. Answers to general questions for obtaining protective orders. 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. 13-3623); interferes with judicial proceedings (A.R.S. The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. How Do I; County Home; Court Services; Resources; Feature Links; Court Services; . 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. 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. Injunction Against Workplace Harassment Sample, 11. Your roommate or your former roommate. 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. Notice Regarding Exclusive Possession of a Shared Residence, 10. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. 201 W. Jefferson Street A.R.S. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. 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. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. You will need to contact a specific court for information on their Protective Order process. 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 . Superior Court. The law enforcement agency will dispatch an officer to review your situation. 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. court@phoenix.gov You can help this process by providing information on the most likely places where the defendant can be served. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary.