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. 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. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. D. A fee shall not be charged for filing a petition under this section or for service of process. 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. 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. The court cannot delay sending the order out for service for more than 72 hours. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. Where do I start? If you are in immediate danger, call 911. Spyware is a software program that can secretly collect personal information when youre online. Injunctions Against Harassment can be issued for individuals and workplaces. It looks like your browser does not have JavaScript enabled. The Judicial Branch of Arizona In Maricopa County -2019. It is also important to know that when you file an affidavit, it does become a public record. 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. There is no fee to file a Petition for Order of Protection. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: If you are not using these forms right away, or If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). Your information will be saved in AZPOINT for up to 90 days. 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. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. 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. For more information, clickhereto go to AZPOINT. You can either call the the court for a remote hearing, or come into the court for your hearing. For more information, please reference A.R.S. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . It has been designed to help you fill out a petition for an Order of Protection. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. Trusted friend or family member may be willing to let you use their computers or devices. 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? 2. forms, and information for any lawful purpose. Arizona voters passed Proposition 207 in November, 2020. 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. Formulario de informacin sobre el emplazamiento. Court staff will help you determine the correct Court action for your situation. 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. After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L of this section. 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 Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). Until you file your petition, it has no legal effect. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. Some red flags to consider if you think spyware may be on your device are: the device takes a long time to shut down; 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. Site Map. Protective Orders served before 9/24/22 are in effect for one year from date of service. 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. To make a payment for cases, please click here. 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 is critical that you keep the Protective Order Centerinformed of any change in telephone or address. The supreme court shall register the order with the national crime information center. 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. Name and address, if known, of the defendant. 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. 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. 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. An order is effective on the defendant on service of a copy of the order and petition. 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. At any time during this 90-day period, you may take the next step of filing your petition 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. Your roommate or your former roommate. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Information and resources for sexual anddomestic violence victims ishere. Utilize a check mark to point the choice wherever required. This does not prohibit a court from issuing cross orders of protection. The files included within the Law Library Resource Center's website are copyrighted. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). Special procedures apply when the Plaintiff and/or Defendant are minors. 13-3602, an Emergency Order of Protection See A.R.S. 2. . You can help this process by providing information on the most likely places where the defendant can be served. 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. G. If a court issues an order of protection, the court may do any of the following: 1. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. Notice Regarding Exclusive Possession of a Shared Residence, 10. Search for cases using statewide search . Note that clicking on REFRESH will only reload your session but will not save your work on the page. Your relationship to the defendant must fit into one of these categories. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Users have permission to use the files, 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. The information on this website is not legal advice. 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. I. O. A peace officer who makes an arrest pursuant to this section or section 13-3601 is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 4. This downloadable Request for Hearing form should only be used if you are unable to go in person to one of the Law Library Resource Centerlocations to complete the form and you have spoken toourProtective Order staff. All rights reserved. (Click here to find Arizona courts.) All rights reserved. Unless the party who requests the order files a written verified petition for an order. . 2. 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. Caution: Before continuing, please think about whether the computer or the device youre using is safe. This person can be a member of your immediate family, or s/he may be a current or former spouse. The decision to schedule the execution of Aaron Gunches came six weeks after . 5. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. 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. Site Map. 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. If the court issues an Order of Protection today, it will be sent out for service quickly. This marks Edwards' second arrest within . 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. 2. 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. There is NO FEE to use AZPOINT. 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. Double check all the fillable fields to ensure total precision. Once completed, you will meet with a judge to discuss your request. Protective Orders. 13-1302); criminally trespasses or criminally damages (A.R.S. 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. The court cannot delay sending the order out for service for more than 72 hours. Juror Information: The court is located South of the Superstition Freeway (U.S.Route 60) and just west of North Mesa Drive. 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. Your information will be saved in AZPOINT for up to 90 days. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. Only a judge can dismiss or quash an Order of Protection. How do you know whether spyware has been installed on your device? The first awards for this scholarship are . 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 opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. If there is an action for maternity, paternity, annulment, legal separation or dissolution of marriage pending between the parties, The Petition must be filed in the The files included within the Law Library Resource Center's website are copyrighted. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. 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. Options for victims are here. 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. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. Warning: Your AZPOINT session is about to expire because of inactivity. A.R.S. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. We have a form to file a request for a hearing. 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. U. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. The Order of Protection must be served within one year of its issuance. For the purposes of this subsection: 1. Your spouse's parent, grandparent, brother, sister, child or grandchild. Find My Court. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. with the defendant - See the Relationship Test. 7. Users have permission to use the files, This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . 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. 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. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . 12-1809) is a court order to seek protection from a person other than someone you live with, a personwith whom you have norelationship, or a current or former non-family member. 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). 3. Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. 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. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. The Law Library Resource Center's Protective Order offices provide resources to help individuals understand and navigate the process of obtaining protection orders to prevent domestic violence or harassment. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. 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. 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. 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. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. 2 min read. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. 4. 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. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. To extend your session, click on the REFRESH button. The agency closest to the defendants address will be assigned to serve the Order of Protection. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. 201 W. Jefferson Street AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. If you wish to obtain an Order of Protection or an Injunction Against Harassment against a juvenile who is currently in secure care within the Arizona Department of Juvenile Corrections (ADJC), it is recommended that you do so a minimum of two months prior to the release of the juvenile. The court will give you information on how to arrange for service of the injunction. The conduct can be any conduct which is harassment. Lo que usted debe saber sobre las rdenes de proteccin, 03. Legal advice is dependent upon the specific circumstances of each situation. 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. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. Accessibility. 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. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. 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: A relationship does not have to exist between the two parties, as is required with an Order of Protection.Provided is a sample form for both the Order of Protection and the Injunction Against Harassment. 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. Please allow at least two hours for the entire process. You must follow the instructions set forth in the Procedures. The defendant may commit an act of domestic violence. Avoid choosing obvious words or numbers for your password. Hoja de informacin para el demandante, 05. 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. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested.

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