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. Hoja de informacin para el demandante, 05. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. An Order of Protection (A.R.S. 4. 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) . When using any type of device, be careful about allowing the device to save your passwords. Provide your petition number to court staff. PDF Arizona Rules of Protective Order Procedure (Click here to find Arizona courts.) In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . All files are under continual revision. If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to theProtective Order Center with a valid picture I.D. Call them at 602-279-2900, 800-782-6400 . The Arizona Judicial Branch is pleased to offer Public Access to Court Case Information, a valuable online service providing a resource for information about court cases from 177 out of 184 courts in Arizona. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. 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. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. 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. 13-3602. If you are in need of an experienced defense . 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. You will receive notification that the juvenile has been officially served, and the Victims' Rights Unit will return the signed documents to you, so that you can file them with the originating court. . 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. 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. 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. 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. forms, and information for any lawful purpose. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. 3. There is a fee charged by your telephone carrier to call 411. 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. 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. Please allow at least two hours for the entire process. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. Hear what is happening in Pinal County Court and Hearing Rooms. This notification may be completed by a victim notification system, if available. 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. Municipal Court Protective Orders - Phoenix, Arizona 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. 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. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. Lo que usted debe saber sobre las rdenes de proteccin, 03. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. practice of law. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. 13-3602. The defendant may commit an act of domestic violence. Listen to Court. 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. For cases prior to 2016, please contact the court directly at 928-771-3300. Enter your official contact and identification details. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. This website has been prepared for general information purposes only. Keylogger spyware records the keystrokes you make on a keyboard. 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 files included within the Law Library Resource Center's website are copyrighted. For more information, click here to go to AZPOINT. are using have been updated. Orders of Protection | Coconino The supreme court shall register the order with the national crime information center. Family violence is defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. An order expires two years after service on the defendant. Justice of the Peace | Cochise County, AZ - Arizona 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. Order of Protection Arizona Forms 2001-2023 - signNow 2. Leaving copies of your draft paperwork where others can read them may increaseyour risk. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. It is not an order for visitation. 4. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Ryan Edwards Arrested Again on Stalking Charges: Sheriff | Heavy.com Arizona voters passed Proposition 207 in November, 2020. 13-3602 - Order of protection; procedure; contents; arrest for The Judicial Branch of Arizona in Maricopa County You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. For more information on protective orders, please see staff at any of our four locations. 3. 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. Emergency Orders of Protection are available from local law enforcement agencies. You must follow the instructions set forth in the Procedures. 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. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. 3. The court cannot delay sending the order out for service for more than 72 hours. 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. the battery is warm at rest; If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. 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. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. U. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. The agency closest to the defendants address will be assigned to serve the Order of Protection. are using have been updated. Primary Business Address: 120 South Cortez Street. 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. J. Finally, the information contained on this website is not guaranteed to be up to date. 13-3602, an Emergency Order of Protection See A.R.S. If you do not remember your confirmation number, court staff can assist you. 4. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. If you are not using these forms right away, or Orders of Protection served on or after September24, 2022, are valid for 2 years. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. 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. Regular orders of protection can now remain effective for two years . Your parent, grandparent, brother, sister, child, or grandchild. 1. 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. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. 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. A person that you were previously or are currently involved with either romantically or sexually. . 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. 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. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. How Do I; County Home; Court Services; Resources; Feature Links; Court Services; . (b) One or more acts of sexual violence as defined by Public Access Case Lookup - Arizona If you have made changes to this page, please close this window immediately and save/submit your changes. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. Through a guided interview, you can quickly fill out the forms that are needed to request a protective order from an Arizona court. 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. 13-3624(C), an Injunction Against Harassment See A.R.S. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. 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. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court.
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