Enter your official contact and identification details. forms, and information for any lawful purpose. The person you filed against can request a hearing anytime prior to the expiration of the Protective 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. 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. You may file with a justice of the peace court, a city court, or a superior court. A civil court order issued to prevent continuing acts of family violence. restrain a defendant from committing acts of violence and harassment. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Thursday, November 10, 2022 12:22 PM, Address: 2. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. 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. are using have been updated. An order of protection is a court order intended to prevent acts of domestic violence. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. 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. B. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. The hearing shall be held at the earliest possible time. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (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. 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. 4. 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 supreme court shall register the order with the national crime information center. The files included within the Law Library Resource Center's website are copyrighted. Request an Order of Protection through AZPOINT https://azpoint.azcourts.gov/ The new AZPOINT system allows victims of domestic violence to prepare protective order petition documents online and then go to any court in Arizona to complete the process, file their documents, and establish a safety plan before leaving the courthouse. An Order of Protection (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. You can file your petition with any municipal court, justice court, or superior court location. The supreme court shall maintain a central repository for orders of protection. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall enter the order and proof of service into the supreme court's central repository for orders of protection. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. 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. REMEMBER - The ProtectiveOrder (either the Order of Protection, or the Injunction Against Harassment)is not valid until it has officially been served by police or a process server. 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. This marks Edwards' second arrest within . Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. 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. Go to Protective Order Centeron the 2ndfloorof the Phoenix Municipal Court. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. 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. The court will decide whether you are eligible for a fee deferral or waiver. 01. 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. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . How a party is served in the Order of Protection process has changed. 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. 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. The paperwork will include a Petition in which you will be required to provide specific acts of domestic violence and name each individual you believe should be included as a protected person. If you do not remember your confirmation number, court staff can assist you. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. All rights reserved. Expect to be at the Court house for at least 2 hours. After the hearing, the court may modify, quash or continue the order. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. Regular orders of protection can now remain effective for two years . Only a judge can dismiss or quash an Order of Protection. Court staff will help you determine the correct Court action for your situation. 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. 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. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. 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. prohibit a defendant from contacting or coming into contact with you. Leaving copies of your draft paperwork where others can read them may increaseyour risk. 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). 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. H. The court shall not grant a mutual order of protection. 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. 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. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. The defendant may commit an act of domestic violence. If you are not in immediate danger, you can locate your local law enforcement agency's non-emergency telephone number by calling information at 411. 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. Your information will be saved in AZPOINT for up to 90 days. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. 2. The decision to schedule the execution of Aaron Gunches came six weeks after . You will need your petition confirmation number to file your petition with a court. If adding minor children, please provide their date of birth & social security numbers if known. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Please have your petition confirmation number available so court staff can start your case. Name, date of birth, and address of the person you are seeking protection from, Past or present court proceedings involving yourself and the person from whom you seek protection, Address and phone number of the person where the Protective Order can be served, If the Protective Order is not served within one year, it automatically expires. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . 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. An action has been commenced but a final judgment, decree or order has not been entered. 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 files and forms are not intended to be used to engage in the unauthorized 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. including reliance on their contents. E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. You are encouraged to speak to a victim advocate before you file your petition. 3. Only a judge can modify an Order of Protection. 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. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. 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. 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. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. Call 911; explain that you have an Order of Protection and the defendant is approaching you. A.R.S. Separate paperwork is required for each person from whom you are seeking protection. 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. with the defendant - See the Relationship Test. Orders of Protection served before September24, 2022, are valid for 1 year. . There is no fee to use AZPOINT. 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. You will be required to appear before a judge and explain why you want to dismiss the order. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. 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. 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. There is no fee to file a Petition for Order of Protection. 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. 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. forms, and information for any lawful purpose. You will need to contact a specific court for information on their Protective Order process. 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. 4. It has been designed to help you fill out a petition for an Order of Protection. PHOENIX (AP) The Arizona Supreme Court issued a warrant to execute a prisoner even though the state's new Democratic attorney general tried to withdraw her Republican predecessor's request to carry out the execution. 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. A supplemental information form that is used by the court or a law enforcement agency solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential. 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. 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 effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order on the defendant. In some courts, you may be asked to complete the petition through an interactive computer program. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. The agency closest to the defendants address will be assigned to serve the Order of Protection. Phoenix, AZ 85003. 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. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. Legal advice is dependent upon the specific circumstances of each situation. Protective Orders served before 9/24/22 are in effect for one year from date of service. 4. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. Even if you initiate contact, the Defendant could be arrested for violating this protective order. You are only allowed one hearing. 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. 2. If you are not using these forms right away, or Double check all the fillable fields to ensure total precision. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. You must follow the instructions set forth in the Procedures. 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. 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. The father or mother of your child or your unborn child. Information on how to obtain an Emergency Order of Protection . 23-371. 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. 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. Please turn on JavaScript and try again. 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 Please allow at least two hours for the entire process. Victims must remain cautious and have a personal safety plan. Your information will be saved in this portal for up to 90 days. Teen Mom star Ryan Edwards, 35, has been arrested for the second time in a month after he was caught violating an order of protection once again, according to the Hamilton County Sheriff's . 3. 12-1809(R)). . If you are not using these forms right away, or Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment.