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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. Search. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. 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). 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. 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. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. 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. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. 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. There is no cost for service of an Order of Protection. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . The provisions for release under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made pursuant to this section. For the purposes of this section, any court in this state has jurisdiction to enforce a valid order of protection that is issued in this state and that has been violated in any jurisdiction in this state. 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. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 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. 4. 5. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. Below are links to other nearby courts to obtain a Protective Order. 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. 12-1809(R)). An order of protection is a court order intended to prevent acts of domestic violence. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. 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. 13-3624(C), an Injunction Against Harassment See A.R.S. 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. Only a judge can dismiss or quash an Order of Protection. All rights reserved. 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. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. . An action has been commenced but a final judgment, decree or order has not been entered. If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to theProtective Order Center with a valid picture I.D. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. Enter your official contact and identification details. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. Q. 13-3602. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. Finally, the information contained on this website is not guaranteed to be up to date. 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. 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 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. Information on how to obtain an Emergency Order of Protection . An Order of Protection (A.R.S. 12-1810. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. If the Injunction Against Harassment is not served within one year, it automatically expires. forms, and information for any lawful purpose. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. 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. This form is available in English and Spanish. . Court staff will help you determine the correct Court action for your situation. Orders of Protection served before September24, 2022, are valid for 1 year. You will need your petition confirmation number to file your petition with a court. The defendant may commit an act of domestic violence. J. Name of the plaintiff. Phoenix, AZ 85003. 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. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. 2. 2. 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 request a delay in service up to 72 hours from the time the Order of Protection is granted. 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. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. Warning: Your AZPOINT session is about to expire because of inactivity. Your roommate or your former roommate. The agency closest to the defendants address will be assigned to serve the Order of Protection. 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. When using any type of device, be careful about allowing the device to save your passwords. 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. How a party is served in the Order of Protection process has changed. Prescott, AZ 86303. This marks Edwards' second arrest within . Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. Note that clicking on REFRESH will only reload your session but will not save your work on the page. How Do I; County Home; Court Services; Resources; Feature Links; Court Services; . The judge will decide whether there's a legal basis to issue a protective order. You can protect your home and work address by requesting on the application form that your addresses be protected.OTHER PROTECTED PERSONS: It is possible that you will be referred to Superior Court if your children are listed as protected persons in this order. 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. There is NO FEE to use AZPOINT. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. 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. D. A fee shall not be charged for filing a petition under this section or for service of process. Name and address, if known, of the defendant. An Order of Protection ( A.R.S. restrain a defendant from committing acts of violence and harassment. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. 2 min read. 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. There may be a court that is closer to your location. 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. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. Even if you initiate contact, the Defendant could be arrested for violating this protective order. Things to Know About Protective Orders, 05. Options for victims are here. An order expires two years after service on the defendant. You must use the Notice regarding exclusive possession of shared residenceform. Do not depend solely on this notification for your protection. The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT 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. It is intended to prevent the offending person from contacting you. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). 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. Arizona voters passed Proposition 207 in November, 2020. 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. 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. If adding minor children, please provide their date of birth & social security numbers if known. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. The Judicial Branch of Arizona In Maricopa County -2019. effective for 1-2 years from service date. 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. If you are in immediate danger, call 911. Your information will be saved in AZPOINT for up to 90 days. 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. 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: 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. 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. 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.
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