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 petition number is needed to retrieve your petition and otherinformation from the portal. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. prohibit a defendant from contacting or coming into contact with you. 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. It looks like your browser does not have JavaScript enabled. The Judicial Branch of Arizona In Maricopa County -2019. 5. you notice spikes in data use or increased charges on your phone bill, or 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. The defendant may commit an act of domestic violence. Orders of Protection served before September24, 2022, are valid for 1 year. 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. 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. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. This notification may be completed by a victim notification system, if available. 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. Q. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. 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. After the hearing, the court may modify, quash or continue the order. 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. 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. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. A modified order is effective on service and expires two years after service of the initial order and petition. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. Spyware is a software program that can secretly collect personal information when youre online. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. 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 This website has been prepared for general information purposes only. including reliance on their contents. The Judicial Branch of Arizona In Maricopa County -2019. Hear what is happening in Pinal County Court and Hearing Rooms. Options for victims are here. Orders of Protection are not valid until served on the defendant. Site Map. Answers to general questions for obtaining protective orders. The files included within the Law Library Resource Center's website are copyrighted. 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. Search for Case AZ Statewide. The files and forms are not intended to be used to engage in the unauthorized Your roommate or your former roommate. If the injunction is based on sexual violence, there is no fee for service. The decision to schedule the execution of Aaron Gunches came six weeks after . Information on healthy relationships is here. An Order of Protection ( A.R.S. 2 min read. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. 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. 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. The law enforcement agency will dispatch an officer to review your situation. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. Specific statement, including dates, of the domestic violence alleged. 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. Please allow at least two hours for the entire process. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. 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. 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. We have a form to file a request for a hearing. The court cannot delay sending the order out for service for more than 72 hours. 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. 12-1809(R)). The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period. Your information will be saved in AZPOINT for up to 90 days. A person that you were previously or are currently involved with either romantically or sexually. The supreme court shall register the order with the national crime information center. A.R.S. For the purposes of this subsection: 1. 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. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. There is no charge for service of an Order of Protection. 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. 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. Warning: Your AZPOINT session is about to expire because of inactivity. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. 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. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. 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. 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. 2. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). You must use the Notice regarding exclusive possession of shared residenceform. When using any type of device, be careful about allowing the device to save your passwords. This person can be a member of your immediate family, or s/he may be a current or former spouse. Answer the questions that appear on each screen. Press Done after you fill out the form. 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 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. 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. Think before you print! The court will decide whether you are eligible for a fee deferral or waiver. The files included within the Law Library Resource Center's website are copyrighted. *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. 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. Hoja de informacin para el demandante, 05. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. To make a payment for cases, please click here. 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. Enter your official contact and identification details. IMPORTANT: 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. Search. You must follow the instructions set forth in the Procedures. 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 cannot delay sending the order out for service for more than 72 hours. 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. Phoenix, AZ 85003. There is NO FEE to use AZPOINT. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. The files and forms are not intended to be used to engage in the unauthorized Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. In your petition, you must describe one instance of sexual violence OR at least two incidents during the past year when you believe the defendant harassed you. The judge will decide whether there's a legal basis to issue a protective order. 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) . To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. 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. Information for residents who have the privilege to serve on a Jury. and complete the required paperwork provided by court staff. court@phoenix.gov Injunctions Against Harassment can be issued for individuals and workplaces. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. You will need your petition confirmation number to file your petition with a court. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. A. 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. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. 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. If you are in immediate danger, call 911. It is intended to prevent the offending person from contacting you. 13-3602, an Emergency Order of Protection See A.R.S. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. Dates the incidents occurred and case numbers if applicable. Do not depend solely on this notification for your protection. Juror Information: The court is located South of the Superstition Freeway (U.S.Route 60) and just west of North Mesa Drive. Notice Regarding Exclusive Possession of a Shared Residence, 10. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. A judge can order that the offending person (defendant) not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence, work, school or other locations. Site Map. You must follow the instructions set forth in the Procedures. 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. The court will give you information on how to arrange for service of the injunction. If you have recently been served with an Order of Protection and feel that the Petitioner is in the wrong, you can request a hearing to appeal the order. 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. You are encouraged to speak to a victim advocate before you file your petition. It allows victims the option of registering to be notified when an Order of Protection has been served. Order of Protection Notification System. Information and resources for sexual anddomestic violence victims ishere. are using have been updated. Only an attorney who is licensed in Arizona can give you legal advice. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. The agency closest to the defendants address will be assigned to serve the Order of Protection. 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 . Call 911; explain that you have an Order of Protection and the defendant is approaching you. Until you file your petition at a court, you will be able to return here to update your information if necessary. Injunctions Against Harassment are in effect for one year from date of service.. Name and address, if known, of the defendant. 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. Stop an Income Withholding Order. Auto de prohibicin de acoso (muestra), 10. 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. 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. If adding minor children, please provide their date of birth & social security numbers if known. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. There is no cost for service of an Order of Protection. 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. Unless the party who requests the order files a written verified petition for an order. 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. You can either call the the court for a remote hearing, or come into the court for your hearing. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. Accessibility. Note that clicking on REFRESH will only reload your session but will not save your work on the page. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. This form is available in English and Spanish. 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. 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. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Primary Business Address: 120 South Cortez Street. forms, and information for any lawful purpose. Protective Orders served before 9/24/22 are in effect for one year from date of service. Your Government; . Your spouse's parent, grandparent, brother, sister, child or grandchild. An Order of Protection is a court order prohibiting a specific person ( defendant) from coming near a home, workplace, or other location listed in the document. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. Caution: Before continuing, please think about whether the computer or the device youre using is safe. the screen turns on when not in use or theres an unusual battery drain; Show unavailable courts. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . You may file with a justice of the peace court, a city court, or a superior court. If you are in need of an experienced defense . For more information, click. 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 . The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. 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: 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. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. 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. For more information, clickhereto go to AZPOINT. For more information on protective orders, please see staff at any of our four locations. Please turn on JavaScript and try again. Emergency Orders of Protection are available from local law enforcement agencies. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. Requested petitions are typically seen by a judge and ruled on the same day. 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. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. 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. 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. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. The court cannot delay sending the order out for service for more than 72 hours. It is also important to know that when you file an affidavit, it does become a public record. An Order of Protection (A.R.S. Relationship between you and the defendant. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. How? You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. restrain a defendant from committing acts of violence and harassment. 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. 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. 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. You can file your petition with any municipal court, justice court, or superior court location. If you are not using these forms right away, or 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. Information on how to obtain an Emergency Order of Protection . If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. Provide your petition number to court staff. Superior Court. The first awards for this scholarship are . You may file with a justice of the peace court, a city court, or a superior court.
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