You can either call the the court for a remote hearing, or come into the court for your hearing. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you Site Map. Warning: Your AZPOINT session is about to expire because of inactivity. You are only allowed one hearing. The address and contact information shall not be listed on the petition. Orders of Protection served on or after September24, 2022, are valid for 2 years. Please think about your safetybefore you print draft copies. 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. For more information, click here to go to AZPOINT. After you file your petition, you will have to speak to a judge. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. Order of Protection Notification System. 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. 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. A supplemental information form that is used by the court or a law enforcement agency solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to theProtective Order Center with a valid picture I.D. Your information will be saved in AZPOINT for up to 90 days. Phoenix, AZ 85003. To find an attorney, contact: To complete the process of asking for an Order of Protection, you must file your petition with an Arizona court. A. 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. Any court in the state ofArizona can review a petition and issue a Protective Order. A person that you were previously or are currently involved with either romantically or sexually. We have a form to file a request for a hearing. The hearing shall be held at the earliest possible time. 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. Be sure to LOG OUT every time you have finished working in this portal. the battery is warm at rest; 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. The law enforcement agency will dispatch an officer to review your situation. including reliance on their contents. Information on healthy relationships is here. 12-1809(R)). 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. Things to Know About Protective Orders, 05. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. 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. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. 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. Answers to general questions for obtaining protective orders. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. 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. The court cannot delay sending the order out for service for more than 72 hours. If adding minor children, please provide their date of birth & social security numbers if known. 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. Room 103. The decision to schedule the execution of Aaron Gunches came six weeks after . Court staff will help you determine the correct Court action for your situation. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you You are encouraged to speak to a victim advocate before you file your petition. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. Only an attorney who is licensed in Arizona can give you legal advice. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. Please allow at least two hours for the entire process. 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. 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. D. A fee shall not be charged for filing a petition under this section or for service of process. For more information on protective orders, please see staff at any of our four locations. It is intended to prevent the offending person from contacting you. Regular orders of protection can now remain effective for two years . You must follow the instructions set forth in the Procedures. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. . 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. If you are not using these forms right away, or 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. If you are in need of an experienced defense . All files are under continual revision. Relationship between you and the defendant. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. You will receive notification that the juvenile has been officially served, and the Victims' Rights Unit will return the signed documents to you, so that you can file them with the originating court. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. A civil court order issued to prevent continuing acts of family violence. 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. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. Search. are using have been updated. A hearing date will be set and the plaintiff will be notified of the hearing. 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. Your Government; . Only a judge can modify an Order of Protection. based on the relationship you have with the party you are seeking protection from. practice of law. 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. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. The files included within the Law Library Resource Center's website are copyrighted. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. This marks Edwards' second arrest within . The files included within the Law Library Resource Center's website are copyrighted. How? Your spouse's parent, grandparent, brother, sister, child, grandchild. In some courts, you may be asked to complete the petition through an interactive computer program. Emergency Order of ProtectionIf the Court has closed for business, Emergency Orders of Protection are granted by a judge in writing verbally, or telephonically to protect a person who is in imminent danger of domestic violence. 12-1810. 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. 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 will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. 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. This filing shall be completed in person, electronically or by fax. 3. Leaving copies of your draft paperwork where others can read them may increaseyour risk. 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. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. An order of protection shall not be granted: 1. L. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. 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 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. If you have made changes to this page, please close this window immediately and save/submit your changes. The father or mother of your child or your unborn child. 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 Utilize a check mark to point the choice wherever required. 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. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. 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.