An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. 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. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. The court cannot delay sending the order out for service for more than 72 hours. 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. 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. All files are under continual revision. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. . Hear what is happening in Pinal County Court and Hearing Rooms. 13-3624(C), an Injunction Against Harassment See A.R.S. The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. For cases prior to 2016, please contact the court directly at 928-771-3300. . based on the relationship you have with the party you are seeking protection from. A person that you were previously or are currently involved with either romantically or sexually. The court will give you information on how to arrange for service of the injunction. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. Even if you initiate contact, the Defendant could be arrested for violating this protective order. 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. The portal will allow you to print draft (but not official) copies of the forms thatyou will need to file a petition for an Order of Protection. If you are in immediate danger, call 911. Injunctions Against Harassment can be issued for individuals and workplaces. Your Government; . If you are not using these forms right away, or [email protected] 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. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section. restrain a defendant from committing acts of violence and harassment. Do you think a person causing harm to you has or had access to this device and may be monitoring you? You must use the Notice regarding exclusive possession of shared residenceform. 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: Information for residents who have the privilege to serve on a Jury. Your parent, grandparent, brother, sister, child, or grandchild. G. If a court issues an order of protection, the court may do any of the following: 1. Primary Business Address: 120 South Cortez Street. 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 Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, Warning: Your AZPOINT session is about to expire because of inactivity. For more information, click. 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. Until you file your petition at the court, you will be able to update your information if necessary. This notification may be completed by a victim notification system, if available. 1. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. 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. An order of protection shall not be granted: 1. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. 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. 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. 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. 3. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. 13-1302); criminally trespasses or criminally damages (A.R.S. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. 2. Any dangerous crime against a child under 15 years of age 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. Stop an Income Withholding Order. 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. The father or mother of your child or your unborn child. Order of Protection Notification System. 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. To request a hearing on an Order of Protection, the Defendant must go to one of the Law Library Resource Center locations to complete a Request for Hearing form. . For the purposes of this subsection: 1. 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. 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. 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. 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. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. Your information will be saved in AZPOINT for up to 90 days. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. 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 access to criminal and civil court documents in the Superior Court visit the eAccess portal . Orders of Protection served before September24, 2022, are valid for 1 year. and complete the required paperwork provided by court staff. If the Injunction Against Harassment is not served within one year, it automatically expires. Please allow at least two hours for the entire process. Answer the questions that appear on each screen. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence. Please think about your safetybefore you print draft copies. I. 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 . 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. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. 12-1809(R)). including reliance on their contents. Your spouse's parent, grandparent, brother, sister, child or grandchild. Phone: (928) 771-3300. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. forms, and information for any lawful purpose. IMPORTANT: There is NO FEE to use AZPOINT. Emergency Orders of Protection are available from local law enforcement agencies. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an 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. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. All files are under continual revision. the screen turns on when not in use or theres an unusual battery drain; 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. The father or mother of your child or your unborn child. There may be a court that is closer to your location. 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. Ryan Edwards has found himself in more legal trouble. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. An Order of Protection (A.R.S. Advocates are not attorneys and do not give legal advice, but they are available to speak to victims regarding questions concerning domestic violence and the process to obtain an Order of Protection or Injunction Against Harassment. 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. Order of Protection (forms) Title Title English Spanish Defendant's Guide Sheet for Protective Orders OP/IAH/IAWH - Acceptance of Service Declaration of Service Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing Notice of Hearing Prior to Issuance Of Notice of Hearing Supplement to Petition A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. Specific statement, including dates, of the domestic violence alleged. are using have been updated. Until the Order is served, you should keep an additional copy of the Order of Protection in your possession in order for law enforcement to complete service on the defendant if the defendant has not been served and comes near you. The paperwork will include a Petition in which you will be required to provide specific acts of domestic violence and name each individual you believe should be included as a protected person. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. All rights reserved. The court cannot delay sending the order out for service for more than 72 hours. The more detailed and accurate information you can provide regarding the locations where the defendant can be served greatly increases the likelihood the order will be served successfully. L. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. 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. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. 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. Caution: Before continuing, please think about whether the computer or the device youre using is safe. (. 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. Instruction Form; Petition to Expunge 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. 2. Expect to be at the Court house for at least 2 hours. For more information, clickhereto go to AZPOINT. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. 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. 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. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the 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. 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. 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 made changes to this page, please close this window immediately and save/submit your changes. This form is available in English and Spanish. Process Service Deposits and Fees Waivers and deferrals: Unless you provide a waiver or deferral from an Arizona Superior Court, there will be charges for serving your papers. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. There is no fee for law enforcement service of an OOP or IAH on someone involved a dating/domestic relationship.PROTECTIVE ORDER HEARING: If the Defendant disagrees with this protective order, he/she has the right to request a hearing which will be held within 5 to 10 business days after a written request has been filed in the court that issued this order. Phoenix, AZ 85003. Lo que usted debe saber sobre las rdenes de proteccin, 03. Do not depend solely on this notification for your protection. Until you file your petition, it has no legal effect. An order is effective on the defendant on service of a copy of the order and petition. The State of Arizona has established the Spouse of Military Veterans Tuition Scholarship to provide for coverage of tuition and fees pertaining to undergraduate degrees at the University of Arizona. Your roommate or your former roommate. Orders of Protection are not valid until served on the defendant. M. The order shall include the following statement: This is an official court order. 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. T. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. It has been designed to help you fill out a petition for an Order of Protection. Superior Court. 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. Jury Information . 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. 01. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. There is a fee charged by your telephone carrier to call 411. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. You may file with a justice of the peace court, a city court, or a superior court. It has been designed to help you fill out a petition for an Order of Protection. 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. 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. The decision to schedule the execution of Aaron Gunches came six weeks after . Auto de prohibicin de acoso (muestra), 10. Legal advice is dependent upon the specific circumstances of each situation. The conduct can be any conduct which is harassment. Enter your official contact and identification details. *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. 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. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. 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.