Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. U. Things to Know About Protective Orders, 05. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. 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. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. 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. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. 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. 201 W. Jefferson Street 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). All rights reserved. Special procedures apply when the Plaintiff and/or Defendant are minors. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. This filing shall be completed in person, electronically or by fax. 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). There is a fee charged by your telephone carrier to call 411. 2 min read. 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. 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. Answer the questions that appear on each screen. Jury Information . 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 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. The Judicial Branch of Arizona In Maricopa County -2019. 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. Your relationship to the defendant must fit into one of these categories. 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. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. Your parent, grandparent, brother, sister, child, or grandchild. Unless the party who requests the order files a written verified petition for an order. 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. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. Find My 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. 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 you are seeking protection from multiple persons, you will be required to complete paperwork for each person. Questions youll be asked in AZPOINT will help collect this information. 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. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, For each order of protection that is issued by a superior court judge or commissioner, the order of protection shall by served by the sheriff or constable of the county where the defendant can be served. 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. Users have permission to use the files, The first awards for this scholarship are . In some courts, you may be asked to complete the petition through an interactive computer program. Teen Mom star Ryan Edwards is wanted by police for allegedly stalking his estranged wife Mackenzie Edwards, who obtained a protective order against her ex while filing for divorce. You will need to go to aLaw Library ResourceCenter location to complete and file a Petition for a longer Order of Protection, if you would like the order to continue. If you are not using these forms right away, or A person that you were previously or are currently involved with either romantically or sexually. If you do not remember your confirmation number, court staff can assist you. The decision to schedule the execution of Aaron Gunches came six weeks after . 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 Protective Orders. Free parking is located on the south side of the court complex. . 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. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. 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. You will be required to appear before a judge and explain why you want to dismiss the order. The judge will decide whether there's a legal basis to issue a protective order. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 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. A copy of your petition and the order will be given to the Defendant and may be used in future judicial proceedings.SERVICE AND EFFECT: This protective order is valid for one year from the date it is served on the Defendant and is enforceable by law enforcement in any state or tribal nation in the United States. Trusted friend or family member may be willing to let you use their computers or devices. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. The court will decide whether you are eligible for a fee deferral or waiver. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. The files and forms are not intended to be used to engage in the unauthorized Legal advice is dependent upon the specific circumstances of each situation. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you Any of the following acts in which the defendant: threatens or intimidates (A.R.S. 6. All files are under continual revision. You are only allowed one hearing. If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: 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. A hearing date will be set and the plaintiff will be notified of the hearing. You may file with a justice of the peace court, a city court, or a superior court. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. You will need to contact a specific court for information on their Protective Order process. How? The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. 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 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. Any court in the state ofArizona can review a petition and issue a Protective Order. An order expires two years after service on the defendant. 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. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. Finally, the information contained on this website is not guaranteed to be up to date. Call them at 602-279-2900, 800-782-6400 . The supreme court shall register the order with the national crime information center. You are encouraged to speak to a victim advocate before you file your petition. 2. 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. A modified order is effective on service and expires two years after service of the initial order and petition. The agency closest to the defendants address will be assigned to serve the Order of Protection. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. The files included within the Law Library Resource Center's website are copyrighted. Please allow at least two hours for the entire process. 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. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. The MTV personality, who was arrested on Feb. 10 on suspicion of harassment, possession of drug paraphernalia, possession of a controlled substance and order of protection violation, is now being accused of stalking . There is no fee to use AZPOINT. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. There may be a court that is closer to your location. 2. Room 103. Dates the incidents occurred and case numbers if applicable. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". 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. 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. 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. 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. Where do I start? 13-3602, an Emergency Order of Protection See A.R.S. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. The court cannot delay sending the order out for service for more than 72 hours. 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. 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. To extend your session, click on the REFRESH button. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. 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 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. 2. are using have been updated. You can either call the the court for a remote hearing, or come into the court for your hearing. Arizona voters passed Proposition 207 in November, 2020. If the injunction is based on sexual violence, there is no fee for service. All files are under continual revision. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Complete the paperwork for the judge to review. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. 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. This form is available in English and Spanish. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. Aviso referente a la posesin exclusiva de una residencia compartida, 07. Information on how to obtain an Emergency Order of Protection . V. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. 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. 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. Superior Court. 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. Until you file your petition, it has no legal effect. 2. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. 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. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. Victims must remain cautious and have a personal safety plan. You may contact the Victims' Rights Unit to assist in development of a safety plan.An Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. 5. Expect to be at the Court house for at least 2 hours. 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. 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. Search for Case Pinal County. 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. 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. Rental Assistance & Eviction Prevention Programs. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. 2 min read. 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 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. Caution: Before continuing, please think about whether the computer or the device youre using is safe. 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. Accessibility. The files included within the Law Library Resource Center's website are copyrighted. The court will give you information on how to arrange for service of the injunction. W. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case. 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. Ryan Edwards has found himself in more legal trouble. You can file your petition with any municipal court, justice court, or superior court location. 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. 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. Only an attorney who is licensed in Arizona can give you legal advice. A person that you were previously or are currently involved with either romantically or sexually. Until you file your petition at a court, you will be able to return here to update your information if necessary. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. 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. O. Your parent, grandparent, brother, sister, child, or grandchild. 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 . 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. If you decide to go ahead with your petition for a protective order, you must file it with a court. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. Please have your petition confirmation number available so court staff can start your case. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. All rights reserved. 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. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. 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. 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. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. H. The court shall not grant a mutual order of protection. Only a judge can dismiss or quash an Order of Protection. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. 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.