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The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. If adding minor children, please provide their date of birth & social security numbers if known. 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. based on the relationship you have with the party you are seeking protection from. Once the Order of Protection is obtained, you may mail or hand deliver it to the Victims' Rights Unit, which will arrange for service upon the juvenile (at no cost to the victim). A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. Accessibility. Your spouse's parent, grandparent, brother, sister, child or grandchild. A modified order is effective on service and expires two years after service of the initial order and petition. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 201 W. Jefferson Street 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. Any court in the state ofArizona can review a petition and issue a Protective Order. Find My Court. Spyware is a software program that can secretly collect personal information when youre online. Instruction Form; Petition to Expunge 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. 3. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. 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. 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. You are encouraged to speak to a victim advocate before you file your petition. Protective Orders served before 9/24/22 are in effect for one year from date of service. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Users have permission to use the files, Free parking is located on the south side of the court complex. 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. Your parent, grandparent, brother, sister, child, or grandchild. 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 . A hearing date will be set and the plaintiff will be notified of the hearing. The court cannot delay sending the order out for service for more than 72 hours. There is no fee to file a Petition for Order of Protection. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived To extend your session, click on the REFRESH button. Your spouse's parent, grandparent, brother, sister, child or grandchild. 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. Your spouse's parent, grandparent, brother, sister, child, grandchild. (b) One or more acts of sexual violence as defined by Search. Below are links to other nearby courts to obtain a Protective Order. Your Government; . We have a form to file a request for a hearing. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. Teen Mom star Ryan Edwards is wanted by police for allegedly stalking his estranged wife Mackenzie Edwards, who obtained a protective order against her ex while filing for divorce. The Order of Protection must be served within one year of its issuance. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. Only a judge can modify an Order of Protection. For more information, click. Until you file your petition, it has no legal effect. Information on how to obtain an Emergency Order of Protection . At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Please allow at least two hours for the entire process. 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. It has been designed to help you fill out a petition for an Order of Protection. 2. 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). If you are not using these forms right away, or An action has been commenced but a final judgment, decree or order has not been entered. Name, date of birth, and address of the person you are seeking protection from, Past or present court proceedings involving yourself and the person from whom you seek protection, Address and phone number of the person where the Protective Order can be served, If the Protective Order is not served within one year, it automatically expires. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: Even if you initiate contact, the Defendant could be arrested for violating this protective order. 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. You will be required to appear before a judge and explain why you want to dismiss the order. All rights reserved. 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. Questions youll be asked in AZPOINT will help collect this information. 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 must use the Notice regarding exclusive possession of shared residenceform. This person can be a member of your immediate family, or s/he may be a current or former spouse. This website has been prepared for general information purposes only. The agency closest to the defendants address will be assigned to serve the Order of Protection. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. 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. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. Complete the paperwork for the judge to review. 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. 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. The court will decide whether you are eligible for a fee deferral or waiver. Some red flags to consider if you think spyware may be on your device are: the device takes a long time to shut down; Your roommate or your former roommate. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. There is no cost for service of an Order of Protection. 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. 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. 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. You must follow the instructions set forth in the Procedures. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you 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. Where do I start? 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. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. The court cannot delay sending the order out for service for more than 72 hours. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. 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. 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. 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: You may file with a justice of the peace court, a city court, or a superior court. Listen to Court. the screen turns on when not in use or theres an unusual battery drain; 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 make a payment for cases, please click here. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. Court Interpretation and Translation Services, Helpful information when seeking an Order of Protection. A person that you were previously or are currently involved with either romantically or sexually. court@phoenix.gov Do not depend solely on this notification for your protection. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. How? 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. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition. 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. Things to Know About Protective Orders, 05. 32 N. Stone Ave., 16th floor Tucson, Az. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. 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) . 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. All rights reserved. The court will give you information on how to arrange for service of the injunction. 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. Room 103. Go to https://azpoint.azcourts.gov/ to get started. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. The court will decide whether you are eligible for a fee deferral or waiver.. 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. 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. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. Please allow at least two hours for the entire process. Press Done after you fill out the form. B. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. If the injunction is based on sexual violence, there is no fee for service. Utilize a check mark to point the choice wherever required. It is also important to know that when you file an affidavit, it does become a public record. Finally, the information contained on this website is not guaranteed to be up to date. . If you feel that you have been, or are imminently about to be: threatened, unlawfully harassed, physically abused, subjected to workplace harassment or victimized by domestic violence, you may come to the Gilbert Municipal Court anytime during public business hours to request a protective order. 4. 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. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). 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. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. This does not prohibit a court from issuing cross orders of protection. Jury Information . Think before you print! 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. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. 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. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. Caution: Before continuing, please think about whether the computer or the device youre using is safe. 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. Unless the party who requests the order files a written verified petition for an order. 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. The father or mother of your child or your unborn child. The petition number is needed to retrieve your petition and otherinformation from the portal. An Order of Protection (A.R.S. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence. M. The order shall include the following statement: This is an official court order. 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. Special procedures apply when the Plaintiff and/or Defendant are minors. (. The files included within the Law Library Resource Center's website are copyrighted. 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. IMPORTANT: There is NO FEE to use AZPOINT. Until you file your petition at a court, you will be able to return here to update your information if necessary. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. prohibit a defendant from contacting or coming into contact with you. If you do not remember your confirmation number, court staff can assist you. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. 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. Search for Case Pinal County. If your relationship does not fit into one of these categories, read about Injunctions against Harassment at the bottom of this page.The defendant is: AND(B). Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. 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. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. Enter your official contact and identification details. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant committed, or is about to commit, any of the following: Any dangerous crime against a child under 15 years of age (A.R.S. Arizona voters passed Proposition 207 in November, 2020. Rental Assistance & Eviction Prevention Programs. 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. An order expires two years after service on the defendant. 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. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. including reliance on their contents. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. Teen Mom star Ryan Edwards, 35, has been arrested for the second time in a month after he was caught violating an order of protection once again, according to the Hamilton County Sheriff's . Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. 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 type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. Avoid choosing obvious words or numbers for your password. 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. 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. Please turn on JavaScript and try again. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. Information on healthy relationships is here. 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. The hearing shall be held at the earliest possible time.