Court staff will help you determine the correct Court action for your situation. The court cannot delay sending the order out for service for more than 72 hours. You may contact the Victims' Rights Unit to assist in development of a safety plan.An Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. AZPOINT | Official website of the City of Tucson - tucsonaz.gov 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. 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. 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. 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. You will receive notification that the juvenile has been officially served, and the Victims' Rights Unit will return the signed documents to you, so that you can file them with the originating court. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. An order expires two years after service on the defendant. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. D. A fee shall not be charged for filing a petition under this section or for service of process. All files are under continual revision. 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. Order of Protection Notification System. 5. 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
Think before you print! Please have your petition confirmation number available so court staff can start your case. 23-371. 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. Please allow at least two hours for the entire process. The Arizona Judicial Branch is pleased to offer Public Access to Court Case Information, a valuable online service providing a resource for information about court cases from 177 out of 184 courts in Arizona. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. It allows victims the option of registering to be notified when an Order of Protection has been served. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. 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. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. Domestic Violence Information - Arizona Judicial Branch 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 purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. Teen Mom star Ryan Edwards is wanted by police for allegedly stalking his estranged wife Mackenzie Edwards, who obtained a protective order against her ex while filing for divorce. The decision to schedule the execution of Aaron Gunches came six weeks after . A.R.S. 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. Some questions require ananswer, while others do not. 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. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. 5. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. Users have permission to use the files,
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. . The court cannot delay sending the order out for service for more than 72 hours. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. The defendant may commit an act of domestic violence. Superior Court | Cochise County, AZ - Arizona Injunctions Against Harassment can be issued for individuals and workplaces. An Order of Protection (A.R.S. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. How Do I; County Home; Court Services; Resources; Feature Links; Court Services; . You are encouraged to speak to a victim advocate before you file your petition. 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. All rights reserved. 201 W. Jefferson Street
The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 2. You are encouraged to speak to a victim advocate before you file your petition. 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. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. 3. 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. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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:
Your Government; . AZPOINT willhelp 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. Injunction Against Workplace Harassment Sample, 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. 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. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. Order of Protection or Protective Order in Arizona - AZ Criminal and and complete the required paperwork provided by court staff. If law enforcement has not been able to serve the order within 15 days, you may be asked to give the law enforcement agency more information about the defendant. 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. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. 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. Teen Mom Alum Ryan Edwards Arrested for Stalking, Violating Order Civil Enforcement :: Pima County Sheriff's Department You can either call the the court for a remote hearing, or come into the court for your hearing. You may file with a justice of the peace court, a city court, or a superior court. 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. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. Trusted friend or family member may be willing to let you use their computers or devices. How to File an Order of Protection Against Domestic Violence 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance. 2. Hoja de informacin para el demandante, 05. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. Jury Information . 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. *If you are an employer seeking protection of your business or employees, you may apply for an Injunction Against Workplace Harassment based on a single act or a series of acts of harassment. Orders of Protection are not valid until served on the defendant. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. 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. 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. 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 you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you
If the injunction is based on sexual violence, there is no fee for service. Your relationship to the defendant must fit into one of these categories. 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. F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant. Not all requests for orders of protection or injunctions against harassment are granted and some may require a court hearing with the person you are seeking protection from before issuance. Go to Protective Order Centeron the 2ndfloorof the Phoenix Municipal Court. 2 min read. 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. IMPORTANT: There is NO FEE to use AZPOINT. Options for victims are here. Protection Orders - Pima County Courthouse Where do I start? Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. Phoenix, AZ 85003. There is a fee charged by your telephone carrier to call 411. J. The petition number is needed to retrieve your petition and otherinformation from the portal. The court will give you information on how to arrange for service of the injunction. Injunctions Against Harassment are in effect for one year from date of service.. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. 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. 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. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. . Below are links to other nearby courts to obtain a Protective Order. This form is available in English and Spanish. A person that you were previously or are currently involved with either romantically or sexually. 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. 2 min read. Court Forms - Maricopa County, Arizona Enter your official contact and identification details. Victims must remain cautious and have a personal safety plan. 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). Complete the paperwork for the judge to review. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. 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. 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. H. The court shall not grant a mutual order of protection. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. 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. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. Show unavailable courts. 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. 12-1809(R)). 2. Williams Justice Court | Coconino - Coconino County, Arizona Room 103. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. 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. Self Service Center Home - yavapaiaz.gov If you are not using these forms right away, or
13-3602. 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. 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.