If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. 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. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. 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: 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. This downloadable Request for Hearing form should only be used if you are unable to go in person to one of the Law Library Resource Centerlocations to complete the form and you have spoken toourProtective Order staff. The father or mother of your child or your unborn child. 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. An action has been commenced but a final judgment, decree or order has not been entered. 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 legal restraint used to prohibit a person from committing an act of domestic violence or from contacting people protected by the order. Rental Assistance & Eviction Prevention Programs. For more information, click. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. 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. Avoid choosing obvious words or numbers for your password. 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. Search for cases using statewide search . 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. Forms to apply for an Order of Protection, Injunction Against Harassment, and Injunction Against Workplace Harassment are available at AZPOINTor onsite atthe Law Library Resource Center. 6. 13-2916); The defendant can be anyone, whether or not related to you. Find My Court. 2. Please allow at least two hours to complete the process and be prepared to describe all incidents between yourself and person from whom you are seeking protection. The court will give you information on how to arrange for service of the injunction. 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. 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. Room 103. 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. The court cannot delay sending the order out for service for more than 72 hours. 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. practice of law. 32 N. Stone Ave., 16th floor Tucson, Az. 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. 2. The court will decide whether you are eligible for a fee deferral or waiver. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. Injunction Against Workplace Harassment Sample, 11. 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. The files and forms are not intended to be used to engage in the unauthorized if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. The files included within the Law Library Resource Center's website are copyrighted. 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. 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. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. A hearing date will be set and the plaintiff will be notified of the hearing. 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. Search for Case Pinal County. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. All files are under continual revision. 2. The Judicial Branch of Arizona In Maricopa County -2019. If this occurs, the hearing will be set 5 to 10 days from the date of request and you will be notified by the Court. are using have been updated. *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. Orders of Protection are not valid until served on the defendant. The supreme court shall register the order with the national crime information center. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . How do you know whether spyware has been installed on your device? Your information will be saved in AZPOINT for up to 90 days. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. 13-3624(C), an Injunction Against Harassment See A.R.S. 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. 12-1810. Call them at 602-279-2900, 800-782-6400 . 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. Information for residents who have the privilege to serve on a Jury. Your information will be saved in AZPOINT for up to 90 days. It is also important to know that when you file an affidavit, it does become a public record. This person can be a member of your immediate family, or s/he may be a current or former spouse. Users have permission to use the files, Phoenix, AZ 85003. 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. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. Trusted friend or family member may be willing to let you use their computers or devices. 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. Protective Orders. Orders of Protection served on or after September24, 2022, are valid for 2 years. An order of protection shall not be granted: 1. 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. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. Below are links to other nearby courts to obtain a Protective Order. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. Nothing you do can stop, change, or undo this protective order without the Court's written approval.PLAINTIFF CONTACT: Even if you initiate contact, the Defendant could be arrested for violating this protective order. Stop an Income Withholding Order. 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. Victims must remain cautious and have a personal safety plan. 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. 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. 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. Arizona voters passed Proposition 207 in November, 2020. Separate paperwork is required for each person from whom you are seeking protection. 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. For more information on protective orders, please see staff at any of our four locations. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. 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. 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. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency.