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 first awards for this scholarship are . 2 min read. 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. If you are not using these forms right away, or NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. Unless the party who requests the order files a written verified petition for an order. A. 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 (. 3. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. forms, and information for any lawful purpose. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. restrain a defendant from committing acts of violence and harassment. 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 . If the injunction is based on sexual violence, there is no fee for service. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Search for cases using statewide search . When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. 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. 12-1810. Orders of Protection are not valid until served on the defendant. 3. If you decide to go ahead with your petition for a protective order, you must file it with a court. Leaving copies of your draft paperwork where others can read them may increaseyour risk. 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. Rental Assistance & Eviction Prevention Programs. 13-3602, an Emergency Order of Protection See A.R.S. All files are under continual revision. You can file your petition with any municipal court, justice court, or superior court location. Until you file your petition at the court, you will be able to update your information if necessary. including reliance on their contents. Caution: Before continuing, please think about whether the computer or the device youre using is safe. An Order of Protection ( A.R.S. 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 law enforcement has not been able to serve the order within 15 days, you may be asked to give the law enforcement agency more information about the defendant. Phone: (928) 771-3300. *You may also use this portal if you're asking for protection on behalf of another person--either (1) a minor of whom you are the parent, guardian, or legal custodian or (2) an adult who is temporarily or permanently unable to request an order. 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. 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. 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). An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. An order of protection is a court order intended to prevent acts of domestic violence. IMPORTANT: There is NO FEE to use AZPOINT. Below are links to other nearby courts to obtain a Protective Order. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. prohibit a defendant from contacting or coming into contact with you. 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. 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. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. Even if you initiate contact, the Defendant could be arrested for violating this protective order. Note that clicking on REFRESH will only reload your session but will not save your work on the page. are using have been updated. 6. Specific statement, including dates, of the domestic violence alleged. 2. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). 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. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. 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. 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. 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. In some courts, you may be asked to complete the petition through an interactive computer program. For more information, please reference A.R.S. 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. 4. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. 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 an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. 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. Injunction Against Workplace Harassment Sample, 11. You can protect your home and work address by requesting on the application form that your addresses be protected.OTHER PROTECTED PERSONS: It is possible that you will be referred to Superior Court if your children are listed as protected persons in this order. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . 1. Answers to general questions for obtaining protective orders. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. Legal advice is dependent upon the specific circumstances of each situation. 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. The Order of Protection must be served within one year of its issuance. Learn about the three types of Protective Orders: Find resources for local courts, police and victim's services offices, emergency shelters, crisis intervention and hotlines, and counseling services here. The court cannot delay sending the order out for service for more than 72 hours. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. You are only allowed one hearing. . U. The portal will allow you to print draft (but not official) copies of the forms thatyou will need to file a petition for an Order of Protection. 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. 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. If you do not appear at the hearing, your Order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearings.MODIFYING OR QUASHING (DISMISSING) THIS PROTECTIVE ORDER: Only a judge can modify or quash (dismiss) this protective order. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. 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. M. The order shall include the following statement: This is an official court order. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. The defendant may commit an act of domestic violence. 5. The conduct can be any conduct which is harassment. It is also important to know that when you file an affidavit, it does become a public record. 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. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: The judge will decide whether there's a legal basis to issue a protective order. Formulario de informacin sobre el emplazamiento. The files and forms are not intended to be used to engage in the unauthorized 2. Warning: Your AZPOINT session is about to expire because of inactivity. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. 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. The files and forms are not intended to be used to engage in the unauthorized Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. Search. the battery is warm at rest; The agency closest to the defendants address will be assigned to serve the Order of Protection. It is not an order for visitation. 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) . For the purposes of this subsection: 1. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. Information and resources for sexual anddomestic violence victims ishere. Arizona voters passed Proposition 207 in November, 2020. (Click here to find Arizona courts.) if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. The decision to schedule the execution of Aaron Gunches came six weeks after . Provide your petition number to court staff. 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. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. court@phoenix.gov Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. The information on this website is not legal advice. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. 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. After you file your petition, you will have to speak to a judge. The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, 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. 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. practice of law. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. 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 Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. 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. Protective Orders. You may file with a justice of the peace court, a city court, or a superior court. you notice spikes in data use or increased charges on your phone bill, or 201 W. Jefferson Street Accessibility. A.R.S. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. All rights reserved. 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. An action has been commenced but a final judgment, decree or order has not been entered. If you have made changes to this page, please close this window immediately and save/submit your changes. 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. How? How do you know whether spyware has been installed on your device? 2. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. 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. There is no fee to use AZPOINT. Room 103. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. Information for residents who have the privilege to serve on a Jury. Please have your petition confirmation number available so court staff can start your case. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. 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). 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. 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. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". An Order of Protection (A.R.S. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. 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. Enter your official contact and identification details. effective for 1-2 years from service date. If the Injunction Against Harassment is not served within one year, it automatically expires. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency 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. You can help this process by providing information on the most likely places where the defendant can be served. 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. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. Site Map. All rights reserved. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. Your parent, grandparent, brother, sister, child, or grandchild. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Auto de prohibicin de acoso (muestra), 10. 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. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. 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. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 13-3602. 12-1809:An Injunction Against Harassment is available if the conduct of any person is harassment; as defined by Arizona law: ADDITIONAL INFORMATION ABOUT PROTECTIVE ORDERS:PUBLIC ACCESS: Only the information contained in the served protective order, not the petition, will be entered into the state computer system and will be made public on the internet. 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. 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. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . 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. Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance. 2. Your roommate or your former roommate. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View.