Until you file your petition, it has no legal effect. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. For more information on protective orders, please see staff at any of our four locations. forms, and information for any lawful purpose. Questions youll be asked in AZPOINT will help collect this information. 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. This marks Edwards' second arrest within . provide you with legal recourse if the person served with a protective order violates the order. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. 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 decide to go ahead with your petition for a protective order, you must file it with a court. 2 min read. Until you file your petition at a court, you will be able to return here to update your information if necessary. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. Be sure to LOG OUT every time you have finished working in this portal. There is no cost for service of an Order of Protection. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. A person that you were previously or are currently involved with either romantically or sexually. Only a judge can dismiss or quash an Order of Protection. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. Room 103. This notification may be completed by a victim notification system, if available. 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. the battery is warm at rest; The defendant may commit an act of domestic violence. 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. 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 this occurs, the hearing will be set 5 to 10 days from the date of request and you will be notified by the Court. It is also important to know that when you file an affidavit, it does become a public record. A person that you were previously or are currently involved with either romantically or sexually. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. 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. 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. including reliance on their contents. Show unavailable courts. If you are in immediate danger, call 911. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . Accessibility. Q. Go to https://azpoint.azcourts.gov/ to get started. 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. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. 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 It is recommended that you fill out this form in order to have all the information with you when you go to your Justice Court to fill out their forms. J. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. Orders of Protection served on or after September24, 2022, are valid for 2 years. You can either call the the court for a remote hearing, or come into the court for your hearing. I. It has been designed to help you fill out a petition for an Order of Protection. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. 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. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. 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 Expect to be at the Court house for at least 2 hours. Please have your petition confirmation number available so court staff can start your case. The Teen Mom OG alum, 35, was arrested on Wednesday for stalking and violation of an order of protection in Hamilton County, Tennessee, according to a March 1 press release from the Sheriff's . An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. Prescott, AZ 86303. The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. 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. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you 4. If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. 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. (b) One or more acts of sexual violence as defined by Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 2. 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). Lo que usted debe saber sobre las rdenes de proteccin, 03. H. The court shall not grant a mutual order of protection. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. The court will decide whether you are eligible for a fee deferral or waiver. Search. Not all requests for orders of protection or injunctions against harassment are granted and some may require a court hearing with the person you are seeking protection from before issuance. 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. are using have been updated. The supreme court shall register the order with the national crime information center. Your roommate or your former roommate. Until the Order is served, you should keep an additional copy of the Order of Protection in your possession in order for law enforcement to complete service on the defendant if the defendant has not been served and comes near you. 01. 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. Name of the plaintiff. Requested petitions are typically seen by a judge and ruled on the same day. Notice Regarding Exclusive Possession of a Shared Residence, 10. Below are links to other nearby courts to obtain a Protective Order. 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. 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. Hoja de informacin para el demandante, 05. 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. An order is effective on the defendant on service of a copy of the order and petition. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. The information on this website is not legal advice. 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. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). 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. 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. The agency closest to the defendants address will be assigned to serve the Order of Protection. 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. 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. 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.