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Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. Legal advice is dependent upon the specific circumstances of each situation. court@phoenix.gov Information on how to obtain an Emergency Order of Protection . 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. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting people protected by the order. Instruction Form; Petition to Expunge 32 N. Stone Ave., 16th floor Tucson, Az. 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. 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. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. 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. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. 201 W. Jefferson Street 2 min read. *You may also use this portal if you're asking for protection on behalf of another person--either (1) a minor of whom you are the parent, guardian, or legal custodian or (2) an adult who is temporarily or permanently unable to request an order. The defendant may commit an act of domestic violence. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. Search. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Even if you initiate contact, the Defendant could be arrested for violating this protective order. the battery is warm at rest; the screen turns on when not in use or theres an unusual battery drain; 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. You will be required to appear before a judge and explain why you want to dismiss the order. 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. Name, date of birth, and address of the person you are seeking protection from, Past or present court proceedings involving yourself and the person from whom you seek protection, Address and phone number of the person where the Protective Order can be served, If the Protective Order is not served within one year, it automatically expires. effective for 1-2 years from service date. Your information will be saved in AZPOINT for up to 90 days. Users have permission to use the files, A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. 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. 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. Auto de prohibicin de acoso (muestra), 10. Rental Assistance & Eviction Prevention Programs. Complete the paperwork for the judge to review. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. The Judicial Branch of Arizona In Maricopa County -2019. Until you file your petition at a court, you will be able to return here to update your information if necessary. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. You may file with a justice of the peace court, a city court, or a superior court. Things to Know About Protective Orders, 05. The Order of Protection must be served within one year of its issuance. If you feel that you have been, or are imminently about to be: threatened, unlawfully harassed, physically abused, subjected to workplace harassment or victimized by domestic violence, you may come to the Gilbert Municipal Court anytime during public business hours to request a protective order. The agency closest to the defendants address will be assigned to serve the Order of Protection. 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. 2. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. How? This filing shall be completed in person, electronically or by fax. A modified order is effective on service and expires two years after service of the initial order and petition. prohibit a defendant from contacting or coming into contact with you. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. 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. Nothing you do can stop, change, or undo this protective order without the Court's written approval.PLAINTIFF CONTACT: Even if you initiate contact, the Defendant could be arrested for violating this protective order. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. Please have your petition confirmation number available so court staff can start your case. 4. 13-3602, an Emergency Order of Protection See A.R.S. Information and resources for sexual anddomestic violence victims ishere. A hearing date will be set and the plaintiff will be notified of the hearing. Double check all the fillable fields to ensure total precision. practice of law. Hoja de informacin para el demandante, 05. The defendant may commit an act of domestic violence. 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. All rights reserved. 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. Q. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. 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. After the hearing, the court may modify, quash or continue the order. 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. 2. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Wednesday, January 25, 2023 1:18 PM, Address: 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. For each order of protection that is issued by a municipal court, if the defendant can be served within that city or town, the order shall be served by the law enforcement agency of that city or town. The Judicial Branch of Arizona In Maricopa County -2019. Be sure to LOG OUT every time you have finished working in this portal. Your spouse's parent, grandparent, brother, sister, child, grandchild. There may be a court that is closer to your location. 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. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. 01. If you are not using these forms right away, or 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. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. Do you think a person causing harm to you has or had access to this device and may be monitoring you? Free parking is located on the south side of the court complex. This does not prohibit a court from issuing cross orders of protection. The court will give you information on how to arrange for service of the injunction. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. If adding minor children, please provide their date of birth & social security numbers if known. Search for Case Pinal County. The files and forms are not intended to be used to engage in the unauthorized The court will decide whether you are eligible for a fee deferral or waiver.. You will need to contact a specific court for information on their Protective Order process. If the court issues an Order of Protection today, it will be sent out for service quickly. (. P. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. 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. You are only allowed one hearing. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. Provide your petition number to court staff. Options for victims are here. The supreme court shall register the order with the national crime information center. To make a payment for cases, please click here. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. Injunctions Against Harassment can be issued for individuals and workplaces. 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. Trusted friend or family member may be willing to let you use their computers or devices. Unless the party who requests the order files a written verified petition for an order. Please allow at least two hours for the entire process. 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. We have a form to file a request for a hearing. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. 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. Note that clicking on REFRESH will only reload your session but will not save your work on the page. Find My Court. 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. 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. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you 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. 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). 2. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. Hear what is happening in Pinal County Court and Hearing Rooms. 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. This guided interview will help you fill out the forms you need to ask for an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment at an Arizona court. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. If the Defendant does not want contact with you they have the right to request a protective order against you.LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. Separate paperwork is required for each person from whom you are seeking protection. 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. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. Ryan Edwards has found himself in more legal trouble. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of 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. Stop an Income Withholding Order. Accessibility. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an 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. Some questions require ananswer, while others do not. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 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. An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. 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 are in immediate danger, call 911. For cases prior to 2016, please contact the court directly at 928-771-3300. Finally, the information contained on this website is not guaranteed to be up to date. The law enforcement agency will dispatch an officer to review your situation. provide you with legal recourse if the person served with a protective order violates the order. This person can be a member of your immediate family, or s/he may be a current or former spouse. 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. To have an injunction granted or issued: "harassment" means either of the following: (a) 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. 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. 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. 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. 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 Prescott, AZ 86303. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. H. The court shall not grant a mutual order of protection. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you Show unavailable courts. Jury Information . (b) One or more acts of sexual violence as defined by Only a judge can modify an Order of Protection. Regular orders of protection can now remain effective for two years . Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. forms, and information for any lawful purpose. Please turn on JavaScript and try again. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. This marks Edwards' second arrest within . If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). 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. 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 A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection. . Orders of Protection served before September24, 2022, are valid for 1 year. 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. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. If you decide to go ahead with your petition for a protective order, you must file it with a court. 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. 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. 2. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting 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. 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: 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 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. You must follow the instructions set forth in the Procedures. 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 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. Room 103. Your spouse's parent, grandparent, brother, sister, child or grandchild. 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. 13-3602. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. 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. Utilize a check mark to point the choice wherever required. 1. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". 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. 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. 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. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. 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. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. Relationship between you and the defendant. 2. If you do not remember your confirmation number, court staff can assist you. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. J. 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. 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. 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. I. A. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). Primary Business Address: 120 South Cortez Street. 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.

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