There is no cost for service of an Order of Protection. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. Please allow at least two hours for the entire process. https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. Please have your petition confirmation number available so court staff can start your case. Once completed, you will meet with a judge to discuss your request. I. J. An Order of Protection (A.R.S. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. Your information will be saved in this portal for up to 90 days. It has been designed to help you fill out a petition for an Order of Protection. The files and forms are not intended to be used to engage in the unauthorized If you are not using these forms right away, or Orders of Protection served on or after September24, 2022, are valid for 2 years. 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. D. A fee shall not be charged for filing a petition under this section or for service of process. Until you file your petition, it has no legal effect. The court will decide whether you are eligible for a fee deferral or waiver. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, Your information will be saved in AZPOINT for up to 90 days. Caution: Before continuing, please think about whether the computer or the device youre using is safe. Q. 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. All files are under continual revision. 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. Search. assaults, including use of a dangerous weapon or causing serious bodily harm; interferes with the custody of a child unlawfully; criminally trespasses or criminally damages; disorderly conduct or stalks; uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend; Your address information (this information is confidential). All rights reserved. Legal advice is dependent upon the specific circumstances of each situation. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. 13-3602. If you are not using these forms right away, or Orders of Protection are used when a relationship of some kind exists between the offender and the victim. These rules govern the procedures in any Arizona court in all cases related to the issuance of an Order of Protection See A.R.S. 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. Options for victims are here. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. You will be required to provide identification to court personnel at the time you complete the paperwork. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. Until you file your petition at the court, you will be able to update your information if necessary. There is NO FEE to use AZPOINT. How a party is served in the Order of Protection process has changed. 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. Answers to general questions for obtaining protective orders. 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. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. Users have permission to use the files, 2. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you 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. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. 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. 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. 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. 4. 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. 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. Your information will be saved in AZPOINT for up to 90 days. 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. Hoja de informacin para el demandante, 05. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. including reliance on their contents. This downloadable Request for Hearing form should only be used if you are unable to go in person to one of the Law Library Resource Centerlocations to complete the form and you have spoken toourProtective Order staff. All rights reserved. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. For more information, click here to go to AZPOINT. 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. 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. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. 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. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. Call them at 602-279-2900, 800-782-6400 . Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. To file a motion to dismiss or quash an Order of Protection, you must go to one of the Law Library Resource Center locations to complete a motion. 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. 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. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. 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 servicetoday, unless the court delays it. The supreme court shall register the order with the national crime information center. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. You must follow the instructions set forth in the Procedures. 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. You may file with a justice of the peace court, a city court, or a superior court. with the defendant - See the Relationship Test. The court will decide whether you are eligible for a fee deferral or waiver.. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. Utilize a check mark to point the choice wherever required. 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 . *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. Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. 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. This form is available in English and Spanish. The court cannot delay sending the order out for service for more than 72 hours. 12-1810. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Through a guided interview, you can quickly fill out the forms that are needed to request a protective order from an Arizona court. 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. It is not an order for visitation. practice of law. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. Please think about your safetybefore you print draft copies. All files are under continual revision. (Click here to find Arizona courts.) If you are not in immediate danger, you can locate your local law enforcement agency's non-emergency telephone number by calling information at 411. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. A. 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 Judicial Branch of Arizona In Maricopa County -2019. There is a fee charged by your telephone carrier to call 411. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. This person can be a member of your immediate family, or s/he may be a current or former spouse. 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. 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. provide you with legal recourse if the person served with a protective order violates the order. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 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. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. Until you file your petition at a court, you will be able to return here to update your information if necessary. 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. 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. 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 Search for cases using statewide search . 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. 32 N. Stone Ave., 16th floor Tucson, Az. 13-1203 and 1204); kidnaps or unlawfully imprisons (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. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. How? Information and resources for sexual anddomestic violence victims ishere. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. Listen to Court. 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. Separate paperwork is required for each person from whom you are seeking protection. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. You are encouraged to speak to a victim advocate before you file your petition. forms, and information for any lawful purpose. B. 13-3602. The father or mother of your child or your unborn child. To make a payment for cases, please click here. Primary Business Address: 120 South Cortez Street. Answer the questions that appear on each screen. 3. Special procedures apply when the Plaintiff and/or Defendant are minors. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. 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. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. The law enforcement agency will dispatch an officer to review your situation. Note that clicking on REFRESH will only reload your session but will not save your work on the page. You are only allowed one hearing. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. It has been designed to help you fill out a petition for an Order of Protection. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. 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. 2 min read. 3. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. 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. Orders of Protection served before September24, 2022, are valid for 1 year. 7. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. 13-2916); The defendant can be anyone, whether or not related to you. Orders of Protection served before September24, 2022, are valid for 1 year. 4. For the purposes of this subsection: 1. Information on how to obtain an Emergency Order of Protection . 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. prohibit a defendant from contacting or coming into contact with you. Court staff will help you determine the correct Court action for your situation. 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. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. 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. 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: practice of law. 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. Complete the paperwork for the judge to review. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Press Done after you fill out the form. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. 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. 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. 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. Emergency Order of ProtectionIf the Court has closed for business, Emergency Orders of Protection are granted by a judge in writing verbally, or telephonically to protect a person who is in imminent danger of domestic violence. If you decide to go ahead with your petition for a protective order, you must file it with a court. For more information, please reference A.R.S. This marks Edwards' second arrest within . Any of the following acts in which the defendant: threatens or intimidates (A.R.S. If you are in immediate danger, call 911. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. (b) One or more acts of sexual violence as defined by Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. . O. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. 1. Accessibility. An action has been commenced but a final judgment, decree or order has not been entered. 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. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. A hearing date will be set and the plaintiff will be notified of the hearing. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. 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. 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. are using have been updated. 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. the battery is warm at rest; For access to criminal and civil court documents in the Superior Court visit the eAccess portal . Stop an Income Withholding Order. 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. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. 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. U. 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. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. The files included within the Law Library Resource Center's website are copyrighted. An order of protection shall not be granted: 1. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. PHOENIX (AP) The Arizona Supreme Court issued a warrant to execute a prisoner even though the state's new Democratic attorney general tried to withdraw her Republican predecessor's request to carry out the execution. Avoid choosing obvious words or numbers for your password. Site Map. Below are links to other nearby courts to obtain a Protective Order. 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. There is no fee to use AZPOINT. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. 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. 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. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. V. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. Do not depend solely on this notification for your protection. Go to https://azpoint.azcourts.gov/ to get started. 2. Injunctions Against Harassment can be issued for individuals and workplaces. The court will give you information on how to arrange for service of the injunction. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Rental Assistance & Eviction Prevention Programs. 2. In some courts, you may be asked to complete the petition through an interactive computer program. The court will give you information on how to arrange for service of the injunction. and complete the required paperwork provided by court staff. 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. WWW.SC.PIMA.GOV/JURORS The Superior Court urges anyone contacted by potential scammers to immediately call the Jury Commissioner's Office (520) 724-4222, to verify whether a jury summons is in effect.
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