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. Answer the questions that appear on each screen. Information for residents who have the privilege to serve on a Jury. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. The conduct can be any conduct which is 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. Enter your official contact and identification details. 3. Instruction Form; Petition to Expunge 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. Injunction Against Workplace Harassment Sample, 11. 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). If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Your roommate or your former roommate. U. Note that clicking on REFRESH will only reload your session but will not save your work on the page. Please allow at least two hours for the entire process. 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. An action has been commenced but a final judgment, decree or order has not been entered. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. 13-3623); interferes with judicial proceedings (A.R.S. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. REMEMBER - The ProtectiveOrder (either the Order of Protection, or the Injunction Against Harassment)is not valid until it has officially been served by police or a process server. 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. Legal advice is dependent upon the specific circumstances of each situation. 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. 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. 2. It allows victims the option of registering to be notified when an Order of Protection has been served. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues.FIREARMS: You may request the judge order the Defendant not to possess, receive, or purchase firearms or ammunition.COUNSELING: If requested, counseling for the Defendant can only be ordered at a hearing at which you and the Defendant must appear.THIRD PARTIES: A protective order is not valid against third parties such as landlords, which means an order containing an exclusive use of a residence provision may not be honored if the Plaintiff is not the lease holder. 1. 6. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) Until you file your petition at the court, you will be able to update your information if necessary. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. How a party is served in the Order of Protection process has changed. The court will decide whether you are eligible for a fee deferral or waiver. 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. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. 23-371. 4. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. 13-2916); The defendant can be anyone, whether or not related to you. Orders of Protection served before September24, 2022, are valid for 1 year. 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. 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 Order of Protection must be served within one year of its issuance. The father or mother of your child or your unborn child. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, 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. Please have your petition confirmation number available so court staff can start your case. Accessibility. 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. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of 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. In some courts, you may be asked to complete the petition through an interactive computer program. Once completed, you will meet with a judge to discuss your request. You must use the Notice regarding exclusive possession of shared residenceform. 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. Until you file your petition at a court, you will be able to return here to update your information if necessary. Search for Case AZ Statewide. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. practice of law. 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 If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. 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. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 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. For the purposes of this subsection: 1. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. A.R.S. 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. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. There is no fee to use AZPOINT. 3. with the defendant - See the Relationship Test. 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. Room 103. Harassment is defined as a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose (A.R.S. Finally, the information contained on this website is not guaranteed to be up to date. Hear what is happening in Pinal County Court and Hearing Rooms. 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 information will be saved in AZPOINT for up to 90 days. Double check all the fillable fields to ensure total precision. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you Primary Business Address: 120 South Cortez Street. Go to https://azpoint.azcourts.gov/ to get started. Order of Protection Notification System. Request an Order of Protection through AZPOINT https://azpoint.azcourts.gov/ The new AZPOINT system allows victims of domestic violence to prepare protective order petition documents online and then go to any court in Arizona to complete the process, file their documents, and establish a safety plan before leaving the courthouse. Special procedures apply when the Plaintiff and/or Defendant are minors. Press Done after you fill out the form. 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. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. 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. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. A civil court order issued to prevent continuing acts of family violence. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. Below are links to other nearby courts to obtain a Protective Order. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. forms, and information for any lawful purpose. 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. 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. Learn about the three types of Protective Orders: Find resources for local courts, police and victim's services offices, emergency shelters, crisis intervention and hotlines, and counseling services here. The decision to schedule the execution of Aaron Gunches came six weeks after . 01. It has been designed to help you fill out a petition for an Order of Protection. Some questions require ananswer, while others do not. An order of protection shall not be granted: 1. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, Anexo a la peticin (en vigencia a partir del 1.1.22), 09. To make a payment for cases, please click here. 2. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. Protective Orders. 4. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. You must follow the instructions set forth in the Procedures. 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. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. 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. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. 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. 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. V. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. It is intended to prevent the offending person from contacting you. 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. court@phoenix.gov Superior 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. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Options for victims are here. Please allow at least two hours for the entire process. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Name and address, if known, of the defendant. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. For more information, click. Your parent, grandparent, brother, sister, child, or grandchild. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. Trusted friend or family member may be willing to let you use their computers or devices. Separate paperwork is required for each person from whom you are seeking protection. Arizona voters passed Proposition 207 in November, 2020. Q. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . The court cannot delay sending the order out for service for more than 72 hours. You are encouraged to speak to a victim advocate before you file your petition. For more information, clickhereto go to AZPOINT. Your parent, grandparent, brother, sister, child, or grandchild. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. 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. Warning: Your AZPOINT session is about to expire because of inactivity. Do not depend solely on this notification for your protection. based on the relationship you have with the party you are seeking protection from. 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. 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. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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) 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. 2. The court cannot delay sending the order out for service for more than 72 hours. (b) One or more acts of sexual violence as defined by This person can be a member of your immediate family, or s/he may be a current or former spouse. The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. 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. Name of the plaintiff. The files included within the Law Library Resource Center's website are copyrighted. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. 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. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. It is not an order for visitation. 2. Search for cases using statewide search . Find My Court. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. 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. Accessibility. All files are under continual revision. 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. If the court issues an Order of Protection today, it will be sent out for service quickly. The supreme court shall register the order with the national crime information center. You will need your petition confirmation number to file your petition with a court. 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) . The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. There is no fee to file a Petition for Order of Protection. practice of law. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. . For cases prior to 2016, please contact the court directly at 928-771-3300. The petition number is needed to retrieve your petition and otherinformation from the portal. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. 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. Call them at 602-279-2900, 800-782-6400 . This does not prohibit a court from issuing cross orders of protection. 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. 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. 2. (. 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. Do you think a person causing harm to you has or had access to this device and may be monitoring you? 13-3602, an Emergency Order of Protection See A.R.S. For more information on protective orders, please see staff at any of our four locations. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. WWW.SC.PIMA.GOV/JURORS The Superior Court urges anyone contacted by potential scammers to immediately call the Jury Commissioner's Office (520) 724-4222, to verify whether a jury summons is in effect. O. Provide your petition number to court staff. Users have permission to use the files, For access to criminal and civil court documents in the Superior Court visit the eAccess portal . The hearing shall be held at the earliest possible time. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. 201 W. Jefferson Street Only an attorney who is licensed in Arizona can give you legal advice. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived 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: When using any type of device, be careful about allowing the device to save your passwords. Where do I start? 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. Search. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. 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. After you file your petition, you will have to speak to a judge. You may file with a justice of the peace court, a city court, or a superior court. 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. 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 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. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. 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. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. If the injunction is based on sexual violence, there is no fee for service. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. 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.