Only a judge can modify an Order of Protection. If you are in need of an experienced defense . I. The court will decide whether you are eligible for a fee deferral or waiver.. 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. The petition number is needed to retrieve your petition and otherinformation from the portal. The information on this website is not legal advice. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. The conduct can be any conduct which is harassment. 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. The hearing shall be held at the earliest possible time. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. If you decide to go ahead with your petition for a protective order, you must file it with a court. Accessibility. Court staff will help you determine the correct Court action for your situation. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. The first awards for this scholarship are . practice of law. This guided interview will help you fill out the forms you need to ask for an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment at an Arizona court. A hearing date will be set and the plaintiff will be notified of the hearing. G. If a court issues an order of protection, the court may do any of the following: 1. A.R.S. 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. You will be required to appear before a judge and explain why you want to dismiss the order. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. Your spouse's parent, grandparent, brother, sister, child or grandchild. 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. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the 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 Defendant disagrees with the Order of Protection, 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 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. 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. 23-371. 2 min read. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . The address and contact information shall not be listed on the petition. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. It has been designed to help you fill out a petition for an Order of Protection. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. 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. Q. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. Until you file your petition, it has no legal effect. Order of Protection - A court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. 12-1809(R)). If the injunction is based on a dating relationship or sexual violence, there is no fee for service. Site Map. The court cannot delay sending the order out for service for more than 72 hours. There is NO FEE to use AZPOINT. 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. If you are not using these forms right away, or Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. Be sure to LOG OUT every time you have finished working in this portal. One of the parties is a parent, grandparent, in-law or sibling, Someone with whom you are having a romantic or sexual relationship, One party pregnant by the other party or someone with whom you have a child in common, Yourrelative, or your current spouse'srelative (contact the Court for specific relatives), The defendantmust have committed acts of harassment, Criminal Trespass - first, second or third degree, Prohibits a person from coming near a home, work site, school, or other locations listed on the court order, Prohibits a person from contacting you by phone, email, text, mail, or other means listed on the court order, Does not resolve landlord/tenant disputes, Does not change custody or visitation orders. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section. Answers to general questions for obtaining protective orders. Hear what is happening in Pinal County Court and Hearing Rooms. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. 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. 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. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. AZPOINT willhelp 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. 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. and complete the required paperwork provided by court staff. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 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. 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) . Your relationship to the defendant must fit into one of these categories. You will need to go to aLaw Library ResourceCenter location to complete and file a Petition for a longer Order of Protection, if you would like the order to continue. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. 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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) Defendant name, address, date of birth, social security number (if known), description & other useful information if known. 3. 2 min read. 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. 5. Your information will be saved in AZPOINT for up to 90 days. 13-3602. The court will decide whether you are eligible for a fee deferral or waiver. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. provide you with legal recourse if the person served with a protective order violates the order. 2. An order of protection is a court order intended to prevent acts of domestic violence. Name of the plaintiff. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following: 1. Victims must remain cautious and have a personal safety plan. Where do I start? Unless the party who requests the order files a written verified petition for an 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 you have made changes to this page, please close this window immediately and save/submit your changes. Once completed, you will meet with a judge to discuss your request. 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. For more information, please reference A.R.S. 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. Order of Protection Notification System. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. 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. Injunctions Against Harassment can be issued for individuals and workplaces. 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. This does not prohibit a court from issuing cross orders of protection. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. IMPORTANT: There is NO FEE to use AZPOINT. 32 N. Stone Ave., 16th floor Tucson, Az. It looks like your browser does not have JavaScript enabled. 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. 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. It is not an order for visitation. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. 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. 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. Do not depend solely on this notification for your protection. Expect to be at the Court house for at least 2 hours. All files are under continual revision. A modified order is effective on service and expires two years after service of the initial order and petition. https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. Only an attorney who is licensed in Arizona can give you legal advice. 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. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. 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. Your spouse's parent, grandparent, brother, sister, child or grandchild. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . 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 may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. . The court cannot delay sending the order out for service for more than 72 hours. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. are using have been updated. 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. How do you know whether spyware has been installed on your device? 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. 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. Spyware is a software program that can secretly collect personal information when youre online. 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 you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you Jury Information . forms, and information for any lawful purpose. B. How Do I; County Home; Court Services; Resources; Feature Links; Court Services; . 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. 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. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. 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. Lo que usted debe saber sobre las rdenes de proteccin, 03. You can either call the the court for a remote hearing, or come into the court for your hearing. For the purposes of this subsection: 1. 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. Rental Assistance & Eviction Prevention Programs. 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. 12-1810. 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. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. 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. 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. 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. 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 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. 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. 13-604.01) 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 exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. Find My Court. 3. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. Free parking is located on the south side of the court complex. If the court issues an Order of Protection today, it will be sent out for service quickly. 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. Protective Orders. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". 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. 3. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. . 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). 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. Your information will be saved in AZPOINT for up to 90 days. A person that you were previously or are currently involved with either romantically or sexually. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device.