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. Information on how to obtain an Emergency Order of Protection . At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. How to Contest an Order of Protection in Arizona - Killham Law You will be required to provide identification to court personnel at the time you complete the paperwork. Arizona voters passed Proposition 207 in November, 2020. 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. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. 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. The court will decide whether you are eligible for a fee deferral or waiver.. 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. Orders of Protection are not valid until served on the defendant. 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 an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. 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. Caution: Before continuing, please think about whether the computer or the device youre using is safe. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) 2. 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 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. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. 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 service on the defendant. The law enforcement agency will dispatch an officer to review your situation. How a party is served in the Order of Protection process has changed. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. A hearing date will be set and the plaintiff will be notified of the hearing. 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. Order of Protection (forms) - Pima County, Arizona It is not an order for visitation. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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). 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. You are encouraged to speak to a victim advocate before you file your petition. A.R.S. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. 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 Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. Phone: (928) 771-3300. Your information will be saved in AZPOINT for up to 90 days. 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. It is also important to know that when you file an affidavit, it does become a public record. 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. Accessibility. For more information, please reference A.R.S. 12-1809(R)). Options for victims are here. Do you think a person causing harm to you has or had access to this device and may be monitoring you? Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. All rights reserved. 7. Your spouse's parent, grandparent, brother, sister, child or grandchild. Accessibility. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. Order of Protection Notification System. restrain a defendant from committing acts of violence and harassment. are using have been updated. Call 911; explain that you have an Order of Protection and the defendant is approaching you. The Teen Mom OG alum, 35, was arrested on Wednesday for stalking and violation of an order of protection in Hamilton County, Tennessee, according to a March 1 press release from the Sheriff's . 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. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues.FIREARMS: You may request the judge order the Defendant not to possess, receive, or purchase firearms or ammunition.COUNSELING: If requested, counseling for the Defendant can only be ordered at a hearing at which you and the Defendant must appear.THIRD PARTIES: A protective order is not valid against third parties such as landlords, which means an order containing an exclusive use of a residence provision may not be honored if the Plaintiff is not the lease holder. Please turn on JavaScript and try again. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. 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. 13-2916); The defendant can be anyone, whether or not related to you. Do not depend solely on this notification for your protection. After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J of this section for service or to an entity that is authorized in subsection K of this section to serve process. The files and forms are not intended to be used to engage in the unauthorized IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. The court cannot delay sending the order out for service for more than 72 hours. 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. Phoenix, AZ 85003. Regular orders of protection can now remain effective for two years . Complete the paperwork for the judge to review. . Through a guided interview, you can quickly fill out the forms that are needed to request a protective order from an Arizona court. An action has been commenced but a final judgment, decree or order has not been entered. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Civil Enforcement :: Pima County Sheriff's Department 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. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. practice of law. AZPoint Protective Orders > Home Your information will be saved in this portal for up to 90 days. The hearing shall be held at the earliest possible time. Orders of Protection | Coconino Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. Protective Orders | Town of Gilbert, Arizona 23-371. T. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. A person that you were previously or are currently involved with either romantically or sexually. 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. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. D. A fee shall not be charged for filing a petition under this section or for service of process. Ryan Edwards Arrested Again on Stalking Charges: Sheriff | Heavy.com If the court issues an Order of Protection today, it will be sent out for service quickly. You must follow the instructions set forth in the Procedures. 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. All rights reserved. You can either call the the court for a remote hearing, or come into the court for your hearing. Order of Protection / Injunction Against Harassment | Arizona An order is effective on the defendant on service of a copy of the order and petition. Some red flags to consider if you think spyware may be on your device are: the device takes a long time to shut down; 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 battery is warm at rest; forms, and information for any lawful purpose. 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 . Name and address, if known, of the defendant. Any court in the state ofArizona can review a petition and issue a Protective Order. Lo que usted debe saber sobre las rdenes de proteccin, 03. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 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. If you decide to go ahead with your petition for a protective order, you must file it with a court. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. After the hearing, the court may modify, quash or continue the order. 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. This person can be a member of your immediate family, or s/he may be a current or former spouse. 12-1810. Have the law enforcement officer serve the defendant with your copy of the 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. You will need to contact a specific court for information on their Protective Order process. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. U. 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. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. 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. 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. 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. O. 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. It has been designed to help you fill out a petition for an Order of Protection. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. 'Teen Mom': Ryan Edwards Accused of Stalking Estranged Wife Amid 5. Please think about your safetybefore you print draft copies. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. 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. 3. 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. 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). 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. 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. We have a form to file a request for a hearing. . 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. 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. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. 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. Only a judge can dismiss or quash an Order 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 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. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. These rules govern the procedures in any Arizona court in all cases related to the issuance of an Order of Protection See A.R.S. 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. 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. with the defendant - See the Relationship Test. The Arizona Protective Order Initiation and Notification Tool (AZPOINT) Through an interview in the AZPOINT portal https://azpoint.azcourts.gov/, you can quickly fill out the forms that you need to ask for an Order of Protection at an Arizona court. If you do not remember your confirmation number, court staff can assist 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. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. *If you are an employer seeking protection of your business or employees, you may apply for an Injunction Against Workplace Harassment based on a single act or a series of acts of harassment. You can help this process by providing information on the most likely places where the defendant can be served. Primary Business Address: 120 South Cortez Street. 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. 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. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". B. 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. For cases prior to 2016, please contact the court directly at 928-771-3300. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. 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. 13-3602, an Emergency Order of Protection See A.R.S. A civil court order issued to prevent continuing acts of family violence. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. 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: Expect to be at the Court house for at least 2 hours. 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. 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. Stop an Income Withholding Order. 13-3602. I. Orders of Protection | Maricopa County Sheriff's Office If this occurs, the hearing will be set 5 to 10 days from the date of request and you will be notified by the Court. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. 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. The first awards for this scholarship are . Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders.
