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. 5. Orders of Protection | Maricopa County Sheriff's Office (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. 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. 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. Regular orders of protection can now remain effective for two years . Find My Court. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. The Judicial Branch of Arizona in Maricopa County Please turn on JavaScript and try again. *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. Order of Protection - A court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. If the Defendant does not want contact with you they have the right to request a protective order against you.LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. If you are not using these forms right away, or 2. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. There may be a court that is closer to your location. 13-3602, an Emergency Order of Protection See A.R.S. 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. How to Contest an Order of Protection in Arizona - Killham Law 23-371. Name and address, if known, of the defendant. Superior Court | Cochise County, AZ - Arizona Free parking is located on the south side of the court complex. Protective Orders served before 9/24/22 are in effect for one year from date of service. Accessibility. 13-3602. 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. The court cannot delay sending the order out for service for more than 72 hours. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. If you are in immediate danger, call 911. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. Orders of Protection are not valid until served on the defendant. 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. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for any other additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: Information on healthy relationships is here. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. The Judicial Branch of Arizona In Maricopa County -2019. 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. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. How to Request a Hearing on an Order of Protection: How to Dismiss or Quash an Order of Protection: The father or mother of your child or your unborn child. 13-1302); criminally trespasses or criminally damages (A.R.S. If you do not remember your confirmation number, court staff can assist you. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. Ryan Edwards Arrested Again on Stalking Charges: Sheriff | Heavy.com Relationship between you and the defendant. 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. Information and resources for sexual anddomestic violence victims ishere. Effective 01/01/2020 - If the Judge grants your Petition, the court will send the Order of Protection and a copy of the petition out for service TODAY, unless the court delays it. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. 13-1203 and 1204); kidnaps or unlawfully imprisons (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. 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 allow at least two hours for the entire process. The court cannot delay sending the order out for service for more than 72 hours. An order of protection shall not be granted: 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. How? Utilize a check mark to point the choice wherever required. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). 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 decision to schedule the execution of Aaron Gunches came six weeks after . If the injunction is based on sexual violence, there is no fee for service. Site Map. The court will decide whether you are eligible for a fee deferral or waiver.. Answer the questions that appear on each screen. 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. The court will decide whether you are eligible for a fee deferral or waiver. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. The father or mother of your child or your unborn child. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. 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. Your spouse's parent, grandparent, brother, sister, child or grandchild. Listen to Court. Once completed, you will meet with a judge to discuss your request. To make a payment for cases, please click here. Orders of Protection served before September24, 2022, are valid for 1 year. 6. Site Map. Hoja de informacin para el demandante, 05. Superior Court. You are only allowed one hearing. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. 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. 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 plaintiff may request that an Order of Protection be modified at any time during the term of the Order. the battery is warm at rest; 13-2916); The defendant can be anyone, whether or not related to you. Call them at 602-279-2900, 800-782-6400 . Municipal Court Protective Orders - Phoenix, Arizona 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. Your information will be saved in AZPOINT for up to 90 days. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. effective for 1-2 years from service date. the screen turns on when not in use or theres an unusual battery drain; The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. Your parent, grandparent, brother, sister, child, or grandchild. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. The MTV personality, who was arrested on Feb. 10 on suspicion of harassment, possession of drug paraphernalia, possession of a controlled substance and order of protection violation, is now being accused of stalking . You must follow the instructions set forth in the Procedures. 2. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order 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. Finally, the information contained on this website is not guaranteed to be up to date. 32 N. Stone Ave., 16th floor Tucson, Az. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. This does not prohibit a court from issuing cross orders of protection. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . Leaving copies of your draft paperwork where others can read them may increaseyour risk. 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. Show unavailable courts. Arizona voters passed Proposition 207 in November, 2020. If the Injunction Against Harassment is not served within one year, it automatically expires. 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. Some questions require ananswer, while others do not. Justice of the Peace | Cochise County, AZ - Arizona A person that you were previously or are currently involved with either romantically or sexually. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 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. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). 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. 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. Go to https://azpoint.azcourts.gov/ to get started. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. For more information on protective orders, please see staff at any of our four locations. you notice spikes in data use or increased charges on your phone bill, or You can file your petition with any municipal court, justice court, or superior court location. A civil court order issued to prevent continuing acts of family violence. This filing shall be completed in person, electronically or by fax. A hearing date will be set and the plaintiff will be notified of the hearing. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Please allow at least two hours for the entire process. Ducey signs bill extending duration of restraining orders - KPNX 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. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Protective Orders. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. 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. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). Accessibility. Your parent, grandparent, brother, sister, child, or grandchild. The father or mother of your child or your unborn child. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. 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. Special procedures apply when the Plaintiff and/or Defendant are minors. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. 3. Expect to be at the Court house for at least 2 hours. You can either call the the court for a remote hearing, or come into the court for your hearing. The court cannot delay sending the order out for service for more than 72 hours. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. 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. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. Your roommate or your former roommate. If you are not using these forms right away, or Public Access Case Lookup - Arizona After the hearing, the court may modify, quash or continue the order. 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. The court cannot delay sending the order out for service for more than 72 hours. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. If adding minor children, please provide their date of birth & social security numbers if known. The files included within the Law Library Resource Center's website are copyrighted. The Order of Protection must be served within one year of its issuance. If you decide to go ahead with your petition for a protective order, you must file it with a court. The agency closest to the defendants address will be assigned to serve the Order of Protection. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. Think before you print! You will be required to provide identification to court personnel at the time you complete the paperwork. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived The Judicial Branch of Arizona in Maricopa County An order of protection is a court order intended to prevent acts of domestic violence. 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). Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911.