Only a judge can modify an Order of Protection. The information on this website is not legal advice. 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. 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. Q. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. There may be a court that is closer to your location. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. 01. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. Your Government; . 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. If you are not using these forms right away, or A modified order is effective on service and expires two years after service of the initial order and petition. In some courts, you may be asked to complete the petition through an interactive computer program. 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. the person causing harm knows details about private conversations you've had with others and has had access to your devices. provide you with legal recourse if the person served with a protective order violates the order. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Juror Information: The court is located South of the Superstition Freeway (U.S.Route 60) and just west of North Mesa Drive. An Order of Protection (A.R.S. 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. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. 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. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. D. A fee shall not be charged for filing a petition under this section or for service of process. 13-1302); criminally trespasses or criminally damages (A.R.S. Dates the incidents occurred and case numbers if applicable. Order of Protection Notification System. 4. 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: (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. You will need to contact a specific court for information on their Protective Order process. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. Show unavailable courts. You are only allowed one hearing. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. . After the hearing, the court may modify, quash or continue the order. Some questions require ananswer, while others do not. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. This does not prohibit a court from issuing cross orders of protection. Only an attorney who is licensed in Arizona can give you legal advice. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. 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. Enter your official contact and identification details. 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. Special procedures apply when the Plaintiff and/or Defendant are minors. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). Room 103. Your spouse's parent, grandparent, brother, sister, child, grandchild. 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 . The court will decide whether you are eligible for a fee deferral or waiver. 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. All rights reserved. Answer the questions that appear on each screen. B. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. The first awards for this scholarship are . The Judicial Branch of Arizona In Maricopa County -2019. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. 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. This guided interview will help you fill out the forms you need to ask for an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment at an Arizona court. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. The files and forms are not intended to be used to engage in the unauthorized 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. 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. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. 3. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. Injunction Against Workplace Harassment Sample, 11. Double check all the fillable fields to ensure total precision. How? Orders of Protection served on or after September24, 2022, are valid for 2 years. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. An order of protection shall not be granted: 1. The court cannot delay sending the order out for service for more than 72 hours. 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. The Teen Mom OG alum, 35, was arrested on Wednesday for stalking and violation of an order of protection in Hamilton County, Tennessee, according to a March 1 press release from the Sheriff's . are using have been updated. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. 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. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. There is NO FEE to use AZPOINT. You may file with a justice of the peace court, a city court, or a superior court. O. A.R.S. (. The petition number is needed to retrieve your petition and otherinformation from the portal. If the Defendant disagrees with the Order of Protection, 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 the order. 12-1809(R)). 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 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 . The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. 3. forms, and information for any lawful purpose. Trusted friend or family member may be willing to let you use their computers or devices. 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. 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. According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". Your information will be saved in AZPOINT for up to 90 days. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. If you are asking for an Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction, if the judge issues it. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. Expect to be at the Court house for at least 2 hours. Your spouse's parent, grandparent, brother, sister, child or grandchild. You are encouraged to speak to a victim advocate before you file your petition. 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. 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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. Accessibility. 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. 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. Please have your petition confirmation number available so court staff can start your case. Warning: Your AZPOINT session is about to expire because of inactivity. Jury Information . Until you file your petition, it has no legal effect. Press Done after you fill out the form. 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. Your spouse's parent, grandparent, brother, sister, child or grandchild. For the purposes of this subsection: 1. Unless the party who requests the order files a written verified petition for an order. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. After you file your petition, you will have to speak to a judge. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. *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. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order on the defendant. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. 5. I. If you are in immediate danger, call 911. 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. The files included within the Law Library Resource Center's website are copyrighted. Orders of Protection are not valid until served on the defendant. Aviso referente a la posesin exclusiva de una residencia compartida, 07. *If you are an employer seeking protection of your business or employees, you may apply for an Injunction Against Workplace Harassment based on a single act or a series of acts of harassment. 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 will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. An order is effective on the defendant on service of a copy of the order and petition. 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. 201 W. Jefferson Street A hearing date will be set and the plaintiff will be notified of the hearing. 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. The files included within the Law Library Resource Center's website are copyrighted. Call 911; explain that you have an Order of Protection and the defendant is approaching you. A judge can order that the offending person (defendant) not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence, work, school or other locations. 2. 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. 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. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. Users have permission to use the files, Please allow at least two hours for the entire process. Please turn on JavaScript and try again. All rights reserved. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. You will be required to provide identification to court personnel at the time you complete the paperwork. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. 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. 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. It looks like your browser does not have JavaScript enabled. 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. 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. 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. Please allow at least two hours for the entire process. 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. If you decide to go ahead with your petition for a protective order, you must file it with a court. Your information will be saved in AZPOINT for up to 90 days. 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. Orders of Protection are used when a relationship of some kind exists between the offender and the victim.
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