To find an attorney, contact: To complete the process of asking for an Order of Protection, you must file your petition with 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. 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. The Victims' Rights Unit can also work with you in the development of a safety plan if needed.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. 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. Where do I start? 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. It looks like your browser does not have JavaScript enabled. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. effective for 1-2 years from service date. In some courts, you may be asked to complete the petition through an interactive computer program. 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. Search for Case AZ Statewide. 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. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. You may file with a justice of the peace court, a city court, or a superior court. Site Map. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Your roommate or your former roommate. (. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. U. Name of the plaintiff. Orders of Protection served before September24, 2022, are valid for 1 year. (Click here to find Arizona courts.) Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. 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. 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. An order expires two years after service on the defendant. 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. Complete the paperwork for the judge to review. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. Expect to be at the Court house for at least 2 hours. (b) One or more acts of sexual violence as defined by 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 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. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. 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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 2. 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. This form is available in English and Spanish. A person that you were previously or are currently involved with either romantically or sexually. 2 min read. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. the screen turns on when not in use or theres an unusual battery drain; 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. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. court@phoenix.gov This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. 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. Your information will be saved in AZPOINT for up to 90 days. Instruction Form; Petition to Expunge The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, Until you file your petition at a court, you will be able to return here to update your information if necessary. Legal advice is dependent upon the specific circumstances of each situation. Utilize a check mark to point the choice wherever required. 2. 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 Protection. Please think about your safetybefore you print draft copies. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . Victims must remain cautious and have a personal safety plan. You will be required to provide identification to court personnel at the time you complete the paperwork. If the order can be served in another city or town, the order shall be served by the law enforcement agency of that city or town. If the order cannot be served within a city or town, the order shall be served by the sheriff or constable of the county in which the defendant can be served. 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. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. The MTV personality, who was arrested on Feb. 10 on suspicion of harassment, possession of drug paraphernalia, possession of a controlled substance and order of protection violation, is now being accused of stalking . For more information, click. All rights reserved. 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. Superior Court. 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. There may be a court that is closer to your location. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. It has been designed to help you fill out a petition for an Order of Protection. 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 If a modification is requested after a hearing has been held on the original Order of Protection, a hearing will be set and notice of the hearing must be given to the defendant. The father or mother of your child or your unborn child. Requested petitions are typically seen by a judge and ruled on the same day. 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. Please turn on JavaScript and try again. 3. An order of protection is a court order intended to prevent acts of domestic violence. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. The court cannot delay sending the order out for service for more than 72 hours. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. 4. For more information, click here to go to AZPOINT. 13-604.01) 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 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. There is a fee charged by your telephone carrier to call 411. The Order of Protection must be served within one year of its issuance. forms, and information for any lawful purpose. Questions youll be asked in AZPOINT will help collect this information. 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. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. Name and address, if known, of the defendant. 4. There is no fee to file a Petition for Order of Protection. Only a judge can modify an Order of Protection. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. 12-1810. You can file your petition with any municipal court, justice court, or superior court location. 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. 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. 2. 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. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. Search. You will need to contact a specific court for information on their Protective Order process. The supreme court shall register the order with the national crime information center. prohibit a defendant from contacting or coming into contact with you. Arizona voters passed Proposition 207 in November, 2020. The address and contact information shall not be listed on the petition. Do not depend solely on this notification for your protection. Ryan Edwards has found himself in more legal trouble. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . How do you know whether spyware has been installed on your device? If the injunction is based on sexual violence, there is no fee for service. An Order of Protection (A.R.S. 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. 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. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. Injunctions Against Harassment can be issued for individuals and workplaces. When using any type of device, be careful about allowing the device to save your passwords. Information on how to obtain an Emergency Order of Protection . Warning: Your AZPOINT session is about to expire because of inactivity. 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. Call them at 602-279-2900, 800-782-6400 . 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. Harassment is defined as 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 (A.R.S. 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
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