You can either call the the court for a remote hearing, or come into the court for your hearing. Search for cases using statewide search . Special procedures apply when the Plaintiff and/or Defendant are minors. 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. You are encouraged to speak to a victim advocate before you file your petition. An Order of Protection ( A.R.S. If the injunction is based on sexual violence, there is no fee for service. 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. If you are in immediate danger, call 911. The court cannot delay sending the order out for service for more than 72 hours. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. 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. B. Show unavailable courts. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". Until you file your petition at a court, you will be able to return here to update your information if necessary. 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 Unless the party who requests the order files a written verified petition for an order. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Ryan Edwards has found himself in more legal trouble. 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) . 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. The court cannot delay sending the order out for service for more than 72 hours. If the order of protection is provided to a law enforcement agency or a constable, service of an order of protection is as follows: 1. forms, and information for any lawful purpose. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. There may be a court that is closer to your location. An order expires two years after service on the defendant. Orders of Protection served on or after September24, 2022, are valid for 2 years. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance. 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. 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. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Any court in the state ofArizona can review a petition and issue a Protective Order. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. Orders of Protection served before September24, 2022, are valid for 1 year. 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. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. Provide your petition number to court staff. The defendant may commit an act of domestic violence. Accessibility. All rights reserved. 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. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. 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. 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. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. 4. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. the person causing harm knows details about private conversations you've had with others and has had access to your devices. and complete the required paperwork provided by court staff. Please have your petition confirmation number available so court staff can start your case. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. After the hearing, the court may modify, quash or continue the order. Instruction Form; Petition to Expunge Name and address, if known, of the defendant. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Your information will be saved in AZPOINT for up to 90 days. 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. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. 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 petition number is needed to retrieve your petition and otherinformation from the portal. 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. The court cannot delay sending the order out for service for more than 72 hours. 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. based on the relationship you have with the party you are seeking protection from. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. Listen to Court. If you decide to go ahead with your petition for a protective order, you must file it with a court. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. Relationship between you and the defendant. Spyware is a software program that can secretly collect personal information when youre online. An Order of Protection may include various forms of legal protection such as removing firearms from the home, adding other people to the order and exclusive use of the home. All rights reserved. Search for Case Pinal County. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Your spouse's parent, grandparent, brother, sister, child or grandchild. 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 information will be saved in AZPOINT for up to 90 days. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. The court will give you information on how to arrange for service of the injunction. Leaving copies of your draft paperwork where others can read them may increaseyour risk. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. This form is available in English and Spanish. practice of law. 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. The court will decide whether you are eligible for a fee deferral or waiver.. 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. Even if you initiate contact, the Defendant could be arrested for violating this protective order. . It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. 2. 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. There is NO FEE to use AZPOINT. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. Superior Court. 4. Protective Orders. Regular orders of protection can now remain effective for two years . 2. We have a form to file a request for a hearing. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . If you are not using these forms right away, or The Judicial Branch of Arizona In Maricopa County -2019. 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. 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. Information for residents who have the privilege to serve on a Jury. Arizona voters passed Proposition 207 in November, 2020. 5. Notice Regarding Exclusive Possession of a Shared Residence, 10. Formulario de informacin sobre el emplazamiento. 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. Below are links to other nearby courts to obtain a Protective Order. Utilize a check mark to point the choice wherever required. with the defendant - See the Relationship Test. 201 W. Jefferson Street Site Map. 3. 13-3602, an Emergency Order of Protection See A.R.S. 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. Hear what is happening in Pinal County Court and Hearing Rooms. 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. Search for Case AZ Statewide. 12-1809(R)). An order of protection is a court order intended to prevent acts of domestic violence. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. For more information on protective orders, please see staff at any of our four locations. Hoja de informacin para el demandante, 05. You must use the Notice regarding exclusive possession of shared residenceform. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. IMPORTANT: There is NO FEE to use AZPOINT. The conduct can be any conduct which is harassment. Please allow at least two hours for the entire 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. 2 min read. After you file your petition, you will have to speak to a judge. Court staff will help you determine the correct Court action for your situation. The father or mother of your child or your unborn child. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. (. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . If the court issues an Order of Protection today, it will be sent out for service quickly. You may file with a justice of the peace court, a city court, or a superior court. 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. you notice spikes in data use or increased charges on your phone bill, or When using any type of device, be careful about allowing the device to save your passwords. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. 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. Go to https://azpoint.azcourts.gov/ to get started. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. Separate paperwork is required for each person from whom you are seeking protection. A supplemental information form that is used by the court or a law enforcement agency solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential. The files and forms are not intended to be used to engage in the unauthorized 7. 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. Trusted friend or family member may be willing to let you use their computers or devices. 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. The information on this website is not legal advice. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Jury Information . I. O. While the Protective Order Petition may be completed on paper, you may be asked to recopy your information onto a multipart form or one that is specific to the courthouse where you file. S. A person who is arrested pursuant to subsection R of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. Only a judge can modify an Order of Protection. 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. You will be required to provide identification to court personnel at the time you complete the paperwork. 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. For more information, click. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. 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. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. The files and forms are not intended to be used to engage in the unauthorized H. The court shall not grant a mutual order of protection. 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 Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. 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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. The Victims' Rights Unit can also work with you in the development of a safety plan if needed.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. 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: 13-3623); interferes with judicial proceedings (A.R.S. This notification may be completed by a victim notification system, if available. Injunctions Against Harassment are in effect for one year from date of service.. 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. Find My Court. effective for 1-2 years from service date. 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. Orders of Protection served before September24, 2022, are valid for 1 year. 2. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. 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. D. A fee shall not be charged for filing a petition under this section or for service of process. Your relationship to the defendant must fit into one of these categories. The files included within the Law Library Resource Center's website are copyrighted. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). If service of an order cannot be completed within fifteen days after the agency or entity receives the order, the agency or entity that is attempting service shall notify the plaintiff and continue to attempt service. Your Government; . 3. 13-2916); The defendant can be anyone, whether or not related to you. 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 servicetoday, unless the court delays it. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. This does not prohibit a court from issuing cross orders of protection. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . An order is effective on the defendant on service of a copy of the order and petition. 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. You will need your petition confirmation number to file your petition with a court. It looks like your browser does not have JavaScript enabled. For more information, clickhereto go to AZPOINT. A.R.S. 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: A person that you were previously or are currently involved with either romantically or sexually. Stop an Income Withholding Order. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. 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. 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. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. Things to Know About Protective Orders, 05. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. 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. Please allow at least two hours for the entire process. How do you know whether spyware has been installed on your device? 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. 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.
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