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. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. 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. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. forms, and information for any lawful purpose. Williams Justice Court | Coconino - Coconino County, Arizona The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. Call them at 602-279-2900, 800-782-6400 . 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. The files included within the Law Library Resource Center's website are copyrighted. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. 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. If you have made changes to this page, please close this window immediately and save/submit your changes. IMPORTANT: There is NO FEE to use AZPOINT. Before you ask for an Order of Protection, know how SERVICE works in A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. 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. H. The court shall not grant a mutual order of protection. Only a judge can modify an Order of Protection. Teen Mom Alum Ryan Edwards Arrested for Stalking, Violating Order Your roommate or your former roommate. 'Teen Mom's Ryan Edwards Arrested For Violating Order Of Protection Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. Orders of Protection/Harassment Injunctions In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . 13-3602. How to Contest an Order of Protection in Arizona - Killham Law Ryan Edwards Arrested Again on Stalking Charges: Sheriff | Heavy.com 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. 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. An Order of Protection ( A.R.S. Answer the questions that appear on each screen. All rights reserved. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . Spyware is a software program that can secretly collect personal information when youre online. Spouse of Military Veteran Tuition Scholarship | Office of the Registrar The father or mother of your child or your unborn child. 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. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. 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. Order of Protection Arizona Forms 2001-2023 - signNow If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. Room 103. *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. 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. An order of protection is a court order intended to prevent acts of domestic violence. If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. It has been designed to help you fill out a petition for an Order of Protection. Your information will be saved in AZPOINT for up to 90 days. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. including reliance on their contents. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived This marks Edwards' second arrest within . If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. 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. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Orders of Protection served before September24, 2022, are valid for 1 year. Orders of Protection served on or after September24, 2022, are valid for 2 years. You will be required to provide identification to court personnel at the time you complete the paperwork. I. If you are not using these forms right away, or
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 . 4. Search. Pima County Superior Court if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you
Juror Information: The court is located South of the Superstition Freeway (U.S.Route 60) and just west of North Mesa Drive. To extend your session, click on the REFRESH button. Municipal Court Protective Orders - Phoenix, Arizona 2. 6. 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) . Ryan Edwards has found himself in more legal trouble. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. Expect to be at the Court house for at least 2 hours. A.R.S. Domestic Violence Information - Arizona Judicial Branch Name of the plaintiff. The first awards for this scholarship are . Enter your official contact and identification details. 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. 2. AZPOINT | Yuma County 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. 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. You are encouraged to speak to a victim advocate before you file your petition. 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. restrain a defendant from committing acts of violence and harassment. To have an injunction granted or issued: "harassment" means either of the following: (a) 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. 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. 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. The address and contact information shall not be listed on the petition. 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. If you are in need of an experienced defense . You will need your petition confirmation number to file your petition with a court. 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. Go to Protective Order Centeron the 2ndfloorof the Phoenix Municipal Court. Questions youll be asked in AZPOINT will help collect this information. A person that you were previously or are currently involved with either romantically or sexually. 2. This person can be a member of your immediate family, or s/he may be a current or former spouse. Your parent, grandparent, brother, sister, child, or grandchild. 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. There is no fee to file a Petition for Order of Protection. 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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. 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 . U. 23-371. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. Orders of Protection | Maricopa County Sheriff's Office For more information, click. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence. 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. For cases prior to 2016, please contact the court directly at 928-771-3300. It looks like your browser does not have JavaScript enabled. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. If you are not in immediate danger, you can locate your local law enforcement agency's non-emergency telephone number by calling information at 411. 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. 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. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. 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. 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. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. Order of Protection / Injunction Against Harassment | Arizona How do you know whether spyware has been installed on your device? 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. 5. Accessibility. Things to Know About Protective Orders, 05. Your spouse's parent, grandparent, brother, sister, child or grandchild. 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. 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. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. Auto de prohibicin de acoso (muestra), 10. 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. You may file with a justice of the peace court, a city court, or a superior court. AZPOINT - Arizona Judicial Branch Please allow at least two hours for the entire process. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. The court cannot delay sending the order out for service for more than 72 hours. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. Prescott, AZ 86303. Search. An action has been commenced but a final judgment, decree or order has not been entered. The conduct can be any conduct which is harassment. 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. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. Any court in the state ofArizona can review a petition and issue a Protective Order. Some questions require ananswer, while others do not. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. Name and address, if known, of the defendant. Information on how to obtain an Emergency Order of Protection . There is NO FEE to use AZPOINT. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) You are encouraged to speak to a victim advocate before you file your petition. 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. Go to https://azpoint.azcourts.gov/ to get started. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. The files and forms are not intended to be used to engage in the unauthorized
An order of protection shall not be granted: 1. How? It has been designed to help you fill out a petition for an Order of Protection. 2. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. . It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. It is not an order for visitation. You will be required to appear before a judge and explain why you want to dismiss the order. 2 min read. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. Until you file your petition, it has no legal effect. M. The order shall include the following statement: This is an official court order. A copy of your petition and the order will be given to the Defendant and may be used in future judicial proceedings.SERVICE AND EFFECT: This protective order is valid for one year from the date it is served on the Defendant and is enforceable by law enforcement in any state or tribal nation in the United States. (. If you have recently been served with an Order of Protection and feel that the Petitioner is in the wrong, you can request a hearing to appeal the order. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Specific statement, including dates, of the domestic violence alleged. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. Ducey signs bill extending duration of restraining orders - KPNX Until you file your petition at a court, you will be able to return here to update your information if necessary. 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.