The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. 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. Legal advice is dependent upon the specific circumstances of each situation. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. Search. 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. 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. 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. Some questions require ananswer, while others do not. 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. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 2. Please think about your safetybefore you print draft copies. Name and address, if known, of the defendant. 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. Please allow at least two hours to complete the process and be prepared to describe all incidents between yourself and person from whom you are seeking protection. It has been designed to help you fill out a petition for an Order of Protection. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, The supreme court shall register the order with the national crime information center. Think before you print! This form is available in English and Spanish. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). Do not depend solely on this notification for your protection. For the purposes of this subsection: 1. 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. If you do not remember your confirmation number, court staff can assist you. The law enforcement agency will dispatch an officer to review your situation. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . 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 relationship does not have to exist between the two parties, as is required with an Order of Protection.Provided is a sample form for both the Order of Protection and the Injunction Against Harassment. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. 23-371. prohibit a defendant from contacting or coming into contact with you. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. Your information will be saved in AZPOINT for up to 90 days. 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. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. 2. 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 court will give you information on how to arrange for service of the injunction. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. An order is effective on the defendant on service of a copy of the order and petition. Please have your petition confirmation number available so court staff can start your case. Users have permission to use the files, Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. Room 103. This does not prohibit a court from issuing cross orders of protection. Warning: Your AZPOINT session is about to expire because of inactivity. 13-1302); criminally trespasses or criminally damages (A.R.S. Emergency Orders of Protection are available from local law enforcement agencies. 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 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) . How? All rights reserved. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. 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. A.R.S. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. Hoja de informacin para el demandante, 05. Finally, the information contained on this website is not guaranteed to be up to date. 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. The court cannot delay sending the order out for service for more than 72 hours. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. The agency closest to the defendants address will be assigned to serve the Order of Protection. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. 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. 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. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. 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. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. Orders of Protection are not valid until served on the defendant. Dates the incidents occurred and case numbers if applicable. The files included within the Law Library Resource Center's website are copyrighted. An Order of Protection ( A.R.S. 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. 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. Have the law enforcement officer serve the defendant with your copy of the 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. Relationship between you and the defendant. Go to Protective Order Centeron the 2ndfloorof the Phoenix Municipal Court. 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. There is no fee to use AZPOINT. 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. Protective Orders served before 9/24/22 are in effect for one year from date of service. 2. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant is: Your spouse or your former spouse. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. 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 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. If you have made changes to this page, please close this window immediately and save/submit your changes. 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. 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. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. It allows victims the option of registering to be notified when an Order of Protection has been served. To make a payment for cases, please click here. You must follow the instructions set forth in the Procedures. 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. . The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. Ryan Edwards has found himself in more legal trouble. Aviso referente a la posesin exclusiva de una residencia compartida, 07. Your spouse's parent, grandparent, brother, sister, child, grandchild. Information for residents who have the privilege to serve on a Jury. H. The court shall not grant a mutual 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. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . are using have been updated. Leaving copies of your draft paperwork where others can read them may increaseyour risk. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. You are encouraged to speak to a victim advocate before you file your petition. Injunction Against Workplace Harassment Sample, 11. 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. How a party is served in the Order of Protection process has changed. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. You can help this process by providing information on the most likely places where the defendant can be served. 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. 3. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. If the Injunction Against Harassment is not served within one year, it automatically expires. It looks like your browser does not have JavaScript enabled. provide you with legal recourse if the person served with a protective order violates the order. Separate paperwork is required for each person from whom you are seeking protection. If you feel that you have been, or are imminently about to be: threatened, unlawfully harassed, physically abused, subjected to workplace harassment or victimized by domestic violence, you may come to the Gilbert Municipal Court anytime during public business hours to request a protective order. 4. Injunctions Against Harassment are in effect for one year from date of service.. Lo que usted debe saber sobre las rdenes de proteccin, 03. Accessibility. 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. 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. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. 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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. 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. The father or mother of your child or your unborn child. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). are using have been updated. the screen turns on when not in use or theres an unusual battery drain; 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. The defendant may commit an act of domestic violence. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. 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. Orders of Protection served before September24, 2022, are valid for 1 year. M. The order shall include the following statement: This is an official court order. Any court in the state ofArizona can review a petition and issue a 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. It is not an order for visitation. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. 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.
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