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. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. There is no fee to file a Petition for Order of Protection. 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. There is NO FEE to use AZPOINT. Superior Court. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. Rental Assistance & Eviction Prevention Programs. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. G. If a court issues an order of protection, the court may do any of the following: 1. Information for residents who have the privilege to serve on a Jury. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. After you file your petition, you will have to speak to a judge. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. Please have your petition confirmation number available so court staff can start your case. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . If the judge issues the Order of Protection, the court will send a copy of it and your petition to law enforcement (city police, county sheriff, or constable) for service on the defendant. R. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. 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. 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 This form is available in English and Spanish. 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. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Lo que usted debe saber sobre las rdenes de proteccin, 03. You will be required to provide identification to court personnel at the time you complete the paperwork. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. A. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. Enter your official contact and identification details. 2 min read. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. Legal advice is dependent upon the specific circumstances of each situation. 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. 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. It is not an order for visitation. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. The court cannot delay sending the order out for service for more than 72 hours. Ryan Edwards has found himself in more legal trouble. Name, date of birth, and address of the person you are seeking protection from, Past or present court proceedings involving yourself and the person from whom you seek protection, Address and phone number of the person where the Protective Order can be served, If the Protective Order is not served within one year, it automatically expires. Prescott, AZ 86303. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Your spouse's parent, grandparent, brother, sister, child, grandchild. The court will decide whether you are eligible for a fee deferral or waiver. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. 2. Until you file your petition at the court, you will be able to update your information if necessary. Site Map. If the court issues an Order of Protection today, it will be sent out for service quickly. 3. 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. 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. Stop an Income Withholding Order. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following: 1. The Law Library Resource Center's Protective Order offices provide resources to help individuals understand and navigate the process of obtaining protection orders to prevent domestic violence or harassment. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. 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 If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal. 5. 13-3602. D. A fee shall not be charged for filing a petition under this section or for service of process. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. Special procedures apply when the Plaintiff and/or Defendant are minors. A hearing date will be set and the plaintiff will be notified of the hearing. The Order of Protection must be served within one year of its issuance. It is intended to prevent the offending person from contacting you. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. 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. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Orders of Protection served before September24, 2022, are valid for 1 year. . 13-1302); criminally trespasses or criminally damages (A.R.S. 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. The court will give you information on how to arrange for service of the injunction. 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. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. Users have permission to use the files, Your spouse's parent, grandparent, brother, sister, child or grandchild. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. 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. 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. If you have made changes to this page, please close this window immediately and save/submit your changes. H. The court shall not grant a mutual order of protection. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. Information on how to obtain an Emergency Order of Protection . The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Thursday, November 10, 2022 12:22 PM, Address: 3. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. 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. Please allow at least two hours for the entire process. For the purposes of this subsection: 1. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. are using have been updated. civil court orders prohibiting a specific person from making contact with you such as coming near your home, work site, school, or other locations as listed on the order. Be sure to LOG OUT every time you have finished working in this portal. If the judge finds sufficient grounds, the judge will issue the Order of Protection and thecourt will send the Order of Protection and a copy of the petition out for service TODAY, unless the court delays it. 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. (b) One or more acts of sexual violence as defined by Note that clicking on REFRESH will only reload your session but will not save your work on the page. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage. Accessibility. The files and forms are not intended to be used to engage in the unauthorized provide you with legal recourse if the person served with a protective order violates the order. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. Find My Court. Answer the questions that appear on each screen. Your relationship to the defendant must fit into one of these categories. 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. 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. IMPORTANT: There is NO FEE to use AZPOINT. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". 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. 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. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you
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