You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. M. The order shall include the following statement: This is an official court order. 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. Orders of Protection / Injunctions | Coconino - Coconino County, Arizona *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. AZPOINT | Yuma County Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. You must use the Notice regarding exclusive possession of shared residenceform. 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. The Law Library Resource Center's Protective Order offices provide resources to help individuals understand and navigate the process of obtaining protection orders to prevent domestic violence or harassment. Auto de prohibicin de acoso (muestra), 10. 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. Special procedures apply when the Plaintiff and/or Defendant are minors. An Order of Protection (A.R.S. 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. Until you file your petition at the court, you will be able to update your information if necessary. All rights reserved. In some courts, you may be asked to complete the petition through an interactive computer program. 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. For more information on protective orders, please see staff at any of our four locations. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. 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. A modified order is effective on service and expires two years after service of the initial order and petition. After you file your petition, you will have to speak to a judge. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. 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. 201 W. Jefferson Street For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 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 father or mother of your child or your unborn child. Your information will be saved in this portal 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. You may contact the Victims' Rights Unit to assist in development of a safety plan.An Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Information on healthy relationships is here. Free parking is located on the south side of the court complex. Trusted friend or family member may be willing to let you use their computers or devices. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. 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. 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. 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) for service on the defendant. Self Service Center Home - yavapaiaz.gov 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 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. Room 103. 2. Ducey signs bill extending duration of restraining orders - KPNX 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. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. You are encouraged to speak to a victim advocate before you file your petition. Site Map. You will be required to appear before a judge and explain why you want to dismiss the order. Protective Orders. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 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 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. 3. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued. 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. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. 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. 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. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. K. In addition to persons authorized to serve process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an order of protection that is issued pursuant to this section. Service of the order of protection has priority over other service of process that does not involve an immediate threat to the safety of a person. Relationship between you and the defendant. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived Teen Mom 's Ryan Edwards Arrested for Stalking and Violating Protection Your information will be saved in AZPOINT for up to 90 days. Name of the plaintiff. Order of Protection (forms) Title Title English Spanish Defendant's Guide Sheet for Protective Orders OP/IAH/IAWH - Acceptance of Service Declaration of Service Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing Notice of Hearing Prior to Issuance Of Notice of Hearing Supplement to Petition To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. and complete the required paperwork provided by court staff. 13-3602. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. There is no fee to use AZPOINT. For more information, click here to go to AZPOINT. restrain a defendant from committing acts of violence and harassment. The first awards for this scholarship are . AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. . You can file your petition with any municipal court, justice court, or superior court location. 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. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. 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. W. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. Only a judge can dismiss or quash an Order of Protection. Superior Court - Pinal County Phone: (928) 771-3300. court@phoenix.gov Regular orders of protection can now remain effective for two years . A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. forms, and information for any lawful purpose. National Domestic Violence Hotline 1-800-799-7233 (TTY 1-800-787-3224) Arizona Coalition to End Sexual and Domestic Violence 602-279-2900 or 1-800-782-6400 Protective Orders Defined 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. There is a fee charged by your telephone carrier to call 411. Your spouse's parent, grandparent, brother, sister, child or grandchild. Double check all the fillable fields to ensure total precision. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. 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. Orders of Protection are not valid until served on the defendant. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. Where do I start? For more information, please reference A.R.S. An order is effective on the defendant on service of a copy of the order and petition. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. 12-1809, and an Injunction Against Workplace Harassment See 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: PDF Arizona Rules of Protective Order Procedure You must follow the instructions set forth in the Procedures. 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. If you decide to go ahead with your petition for a protective order, you must file it with a court. Orders of Protection | City of Peoria - Peoria, Arizona If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. 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. 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. How do you know whether spyware has been installed on your device? Finally, the information contained on this website is not guaranteed to be up to date. 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. A person that you were previously or are currently involved with either romantically or sexually. provide you with legal recourse if the person served with a protective order violates the order. Order of Protection - A court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. 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. 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.

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