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. 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. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. 1. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. 2. 'Teen Mom's Ryan Edwards Arrested For Violating Order Of Protection 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. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. Specific statement, including dates, of the domestic violence alleged. Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. Information and resources for sexual anddomestic violence victims ishere. 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. G. If a court issues an order of protection, the court may do any of the following: 1. 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. There may be a court that is closer to your location. 3. The court cannot delay sending the order out for service for more than 72 hours. 3. Before you ask for an Order of Protection, know how SERVICE works in Orders of Protection | Coconino Injunctions Against Harassment can be issued for individuals and workplaces. Instruction Form; Petition to Expunge Legal advice is dependent upon the specific circumstances of each situation. 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. Stop an Income Withholding Order. The Judicial Branch of Arizona In Maricopa County -2019. Teen Mom 's Ryan Edwards Arrested for Stalking and Violating Protection 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. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). It is intended to prevent the offending person from contacting you. 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: Complete the paperwork for the judge to review. 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. Until you file your petition at a court, you will be able to return here to update your information if necessary. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. Once completed, you will meet with a judge to discuss your request. The defendant may commit an act of domestic violence. The court will decide whether you are eligible for a fee deferral or waiver.. The father or mother of your child or your unborn child. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. Answer the questions that appear on each screen. This notification may be completed by a victim notification system, if available. 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. The conduct can be any conduct which is harassment. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. Utilize a check mark to point the choice wherever required. 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 screen turns on when not in use or theres an unusual battery drain; IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. This filing shall be completed in person, electronically or by fax. 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. 2. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. 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. 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. . If the injunction is based on sexual violence, there is no fee for service. Press Done after you fill out the form. You can help this process by providing information on the most likely places where the defendant can be served. Law enforcement has a continuing duty to attempt service, so if you have additional information about the defendant's location, please contact the law enforcement agency. Superior Court | Cochise County, AZ - Arizona If you are not using these forms right away, or No fee may be charged to either party for filing an appeal. For the purposes of this subsection, "pending" means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that: 1. A.R.S. 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 the injunction is based on a dating relationship or sexual violence, there is no fee for service. 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 will be required to provide identification to court personnel at the time you complete the paperwork. 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. O. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. 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. D. A fee shall not be charged for filing a petition under this section or for service of process. For more information on protective orders, please see staff at any of our four locations. AZPoint Protective Orders > Home Protection Orders - Pima County Courthouse 32 N. Stone Ave., 16th floor Tucson, Az. You will need to contact a specific court for information on their Protective Order process. All files are under continual revision. Domestic Violence Information - Arizona Judicial Branch 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. . 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. 4. 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). 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 supreme court shall register the order with the national crime information center. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived For the purposes of this subsection: 1. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. Order of Protection (forms) - Pima County, Arizona In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . the battery is warm at rest; This form is available in English and Spanish. If you are in need of an experienced defense . The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . Order of Protection or Protective Order in Arizona - AZ Criminal and Your spouse's parent, grandparent, brother, sister, child or grandchild. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. Court staff will help you determine the correct Court action for your situation. For more information, click here to go to AZPOINT. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. A hearing date will be set and the plaintiff will be notified of the hearing. Your information will be saved in AZPOINT for up to 90 days. 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. The father or mother of your child or your unborn child. Call 911; explain that you have an Order of Protection and the defendant is approaching you. A person that you were previously or are currently involved with either romantically or sexually. 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. The files included within the Law Library Resource Center's website are copyrighted. 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. Do you think a person causing harm to you has or had access to this device and may be monitoring you? and complete the required paperwork provided by court staff. Ducey signs bill extending duration of restraining orders - KPNX A peace officer who makes an arrest pursuant to this section or section 13-3601 is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. Avoid choosing obvious words or numbers for your password. Show unavailable courts. 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. You must follow the instructions set forth in the Procedures. Superior Court - Pinal County 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 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. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. prohibit a defendant from contacting or coming into contact with you. It has been designed to help you fill out a petition for an Order of Protection. Caution: Before continuing, please think about whether the computer or the device youre using is safe. Primary Business Address: 120 South Cortez Street. An Order of Protection may include various forms of legal protection such as removing firearms from the home, adding other people to the order and exclusive use of the home. 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 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. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. 13-3624(C), an Injunction Against Harassment See A.R.S. 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. Your spouse's parent, grandparent, brother, sister, child or grandchild. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. 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. Your spouse's parent, grandparent, brother, sister, child, grandchild. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. 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 court cannot delay sending the order out for service for more than 72 hours. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. Only a judge can modify an Order of Protection. 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. Please have your petition confirmation number available so court staff can start your case. Special procedures apply when the Plaintiff and/or Defendant are minors. 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 does not want you to contact him/her, the Defendant has the right to request a protective order against you. provide you with legal recourse if the person served with a protective order violates the order. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. Pima County Superior Court A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 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. An order expires two years after service on the defendant. 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. Protective Orders | Town of Gilbert, Arizona You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. 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. If the Injunction Against Harassment is not served within one year, it automatically expires. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. 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. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. 13-3602. 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. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. Injunctions Against Harassment are in effect for one year from date of service.. 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. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. Site Map. Things to Know About Protective Orders, 05. 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). 2 min read. You may file with a justice of the peace court, a city court, or a superior court. Injunction Against Workplace Harassment Sample, 11. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Leaving copies of your draft paperwork where others can read them may increaseyour risk. If your relationship does not fit into one of these categories, read about Injunctions against Harassment at the bottom of this page.The defendant is: AND(B). Have the law enforcement officer serve the defendant with your copy of the Order of Protection. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. 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.
