All files are under continual revision. If the defendant has been served with the original Order of Protection but has not requested a hearing, you will be required to appear before a judge and explain why you want to modify the order. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Search for Case Pinal County. Jury Information . You may file with a justice of the peace court, a city court, or a superior court. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. 13-3602 ) is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. If the court issues an Order of Protection today, it will be sent out for service quickly. 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. Your Government; . 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. 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 more detailed and accurate information you can provide regarding the locations where the defendant can be served greatly increases the likelihood the order will be served successfully. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. 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 3. Aviso referente a la posesin exclusiva de una residencia compartida, 07. Finally, the information contained on this website is not guaranteed to be up to date. 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. (b) One or more acts of sexual violence as defined by Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. 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. It is not an order for visitation. If you do not remember your confirmation number, court staff can assist you. Your spouse's parent, grandparent, brother, sister, child or grandchild. Answers to general questions for obtaining protective orders. Your parent, grandparent, brother, sister, child, or grandchild. 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. practice of law. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . Orders of Protection served on or after September24, 2022, are valid for 2 years. 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. 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. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued. Accessibility. There is no charge for service of 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. 12-1810. Do you think a person causing harm to you has or had access to this device and may be monitoring you? It allows victims the option of registering to be notified when an Order of Protection has been served. Your information will be saved in AZPOINT for up to 90 days. AZPOINT will help you figure out whether you and the person from whom you are seeking protection have a qualifying relationship for an Order of Protection. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, 1. and complete the required paperwork provided by court staff. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. 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. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. Formulario de informacin sobre el emplazamiento. I. This form is available in English and Spanish. Through a guided interview, you can quickly fill out the forms that are needed to request a protective order from an Arizona court. 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. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. Requested petitions are typically seen by a judge and ruled on the same day. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. 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. 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. For more information, clickhereto go to AZPOINT. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. The court will give you information on how to arrange for service of the injunction. Juror Information: The court is located South of the Superstition Freeway (U.S.Route 60) and just west of North Mesa Drive. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. B. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. Emergency Orders of Protection are available from local law enforcement agencies. Search. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 2. 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. 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. 32 N. Stone Ave., 16th floor Tucson, Az. The agency closest to the defendants address will be assigned to serve the Order of Protection. 13-3602. Effective 01/01/2020, if the judge grants your petition for Order of Protection, the court will send the Order of Protection and a copy of the petition out for service TODAY, unless the court delays it. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. When you have provided the minimum required information to file a petition, you will be "court ready" and will receive a confirmation number and information about next steps. 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. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal. You will need to contact a specific court for information on their Protective Order process. Think before you print! There is a fee charged by your telephone carrier to call 411. 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. The address and contact information shall not be listed on the petition. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. Orders of Protection are not valid until served on the defendant. Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. Victims must remain cautious and have a personal safety plan. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. Any of the following acts in which the defendant: threatens or intimidates (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. 13-3623); interferes with judicial proceedings (A.R.S. An order is effective on the defendant on service of a copy of the order and petition. Special procedures apply when the Plaintiff and/or Defendant are minors. The father or mother of your child or your unborn child. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. It has been designed to help you fill out a petition for an Order of Protection. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. 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. If the order of protection is provided to a law enforcement agency or a constable, service of an order of protection is as follows: 1. forms, and information for any lawful purpose. If your relationship does not fit into one of these categories, read about Injunctions against Harassment at the bottom of this page.The defendant is: AND(B). Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result. 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 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. Find My Court. Some questions require ananswer, while others do not. How a party is served in the Order of Protection process has changed. Search. This website has been prepared for general information purposes only. 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. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant committed, or is about to commit, any of the following: Any dangerous crime against a child under 15 years of age (A.R.S. Prescott, AZ 86303. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Some red flags to consider if you think spyware may be on your device are: the device takes a long time to shut down; 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. An Order of Protection ( A.R.S. the screen turns on when not in use or theres an unusual battery drain; Stop an Income Withholding Order. If you are in immediate danger, call 911. Order of Protection Notification System. Notice Regarding Exclusive Possession of a Shared Residence, 10. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. 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. How Do I; County Home; Court Services; Resources; Feature Links; Court Services; . 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. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. Warning: Your AZPOINT session is about to expire because of inactivity. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. 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. with the defendant - See the Relationship Test. 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. 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. 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. Information on how to obtain an Emergency Order of Protection . Orders of Protection served before September24, 2022, are valid for 1 year. Specific statement, including dates, of the domestic violence alleged. Once completed, you will meet with a judge to discuss your request. Separate paperwork is required for each person from whom you are seeking protection. 2 min read. 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. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. 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. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. When using any type of device, be careful about allowing the device to save your passwords. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. After you file your petition, you will have to speak to a judge. For more information, please reference A.R.S. 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. M. The order shall include the following statement: This is an official court order. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 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. 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. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. Information on healthy relationships is here. 2. You must follow the instructions set forth in the Procedures. Do not depend solely on this notification for your protection. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. The Order of Protection must be served within one year of its issuance.

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