A. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. We have a form to file a request for a hearing. Ducey signs bill extending duration of restraining orders - KPNX A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. 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. Phone: (928) 771-3300. Orders of Protection served on or after September24, 2022, are valid for 2 years. It has been designed to help you fill out a petition for an Order of Protection. 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. Spyware is a software program that can secretly collect personal information when youre online. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. 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. 2. 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. If the injunction is based on sexual violence, there is no fee for service. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. When you have provided the minimum required information to file a petition, you will be "court ready" and will receive a confirmation number and information about next steps. . Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. 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. 4. 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. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant committed, or is about to commit, any of the following: Any dangerous crime against a child under 15 years of age (A.R.S. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. A person that you were previously or are currently involved with either romantically or sexually. 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. practice of law. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. The hearing shall be held at the earliest possible time. 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. Domestic Violence Information - Arizona Judicial Branch You can help this process by providing information on the most likely places where the defendant can be served. 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 the Injunction Against Harassment is not served within one year, it automatically expires. https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. Order of Protection (forms) - Pima County, Arizona 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. 'Teen Mom's Ryan Edwards Arrested For Violating Order Of Protection All files are under continual revision. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an order of protection. 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: The court cannot delay sending the order out for service for more than 72 hours. D. A fee shall not be charged for filing a petition under this section or for service of process. If the court issues an Order of Protection today, it will be sent out for service quickly. the person causing harm knows details about private conversations you've had with others and has had access to your devices. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. No fee may be charged to either party for filing an appeal. For the purposes of this subsection, "pending" means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that: 1. Double check all the fillable fields to ensure total precision. Separate paperwork is required for each person from whom you are seeking protection. 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. Finally, the information contained on this website is not guaranteed to be up to date. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following: 1. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. Protective Orders | Town of Gilbert, Arizona Jury Information . Some questions require ananswer, while others do not. Until you file your petition at the court, you will be able to update your information if necessary. Search for Case AZ Statewide. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. 4. How a party is served in the Order of Protection process has changed. Provide your petition number to court staff. Specific statement, including dates, of the domestic violence alleged. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. You will need to contact a specific court for information on their Protective Order process. Your parent, grandparent, brother, sister, child, or grandchild. Order of Protection Notification System. 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. Be sure to LOG OUT every time you have finished working in this portal. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived 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. 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. 3. Your information will be saved in this portal for up to 90 days. 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. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. 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. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 4. You can either call the the court for a remote hearing, or come into the court for your hearing. Requested petitions are typically seen by a judge and ruled on the same day. J. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. 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 . Please turn on JavaScript and try again. Trusted friend or family member may be willing to let you use their computers or devices. There may be a court that is closer to your location. The court will decide whether you are eligible for a fee deferral or waiver. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. prohibit a defendant from contacting or coming into contact with you. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. 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. You will need to go to aLaw Library ResourceCenter location to complete and file a Petition for a longer Order of Protection, if you would like the order to continue. How to Contest an Order of Protection in Arizona - Killham Law 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. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. For cases prior to 2016, please contact the court directly at 928-771-3300. Search for Case Pinal County. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel.