Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. There may be a court that is closer to your location. There is a fee charged by your telephone carrier to call 411. U. This website has been prepared for general information purposes only. 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. For more information, click here to go to AZPOINT. 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 petition number is needed to retrieve your petition and otherinformation from the portal. Q. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 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. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. The hearing shall be held at the earliest possible time. You are encouraged to speak to a victim advocate before you file your petition. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. 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. E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. Name and address, if known, of the defendant. Special procedures apply when the Plaintiff and/or Defendant are minors. If you wish to obtain an Order of Protection or an Injunction Against Harassment against a juvenile who is currently in secure care within the Arizona Department of Juvenile Corrections (ADJC), it is recommended that you do so a minimum of two months prior to the release of the juvenile. Be sure to LOG OUT every time you have finished working in this portal. O. Room 103. The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection. The conduct can be any conduct which is harassment. Orders of Protection/Harassment Injunctions 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. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. . Effective 01/01/2020 - If the Judge grants your Petition, the court will send the Order of Protection and a copy of the petition out for service TODAY, unless the court delays it. J. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. The Service process for Injunctions Against Harassment and Injunctions Against Workplace Harassment remain the responsibility of the Plaintiff. 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. 2 min read. 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. The Judicial Branch of Arizona in Maricopa County 2. A person that you were previously or are currently involved with either romantically or sexually. All files are under continual revision. If the Defendant does not want contact with you they have the right to request a protective order against you.LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. 2. Double check all the fillable fields to ensure total precision. 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. 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. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). 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. 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. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. There is NO FEE to use AZPOINT. 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. 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. 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. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. 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: The court cannot delay sending the order out for service for more than 72 hours. Domestic Violence Lay Legal Advocates / Servicios Legales y Abogaca. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. It is intended to prevent the offending person from contacting you. 1. The decision to schedule the execution of Aaron Gunches came six weeks after . To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . If service of an order cannot be completed within fifteen days after the agency or entity receives the order, the agency or entity that is attempting service shall notify the plaintiff and continue to attempt service. The father or mother of your child or your unborn child. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. PHOENIX (AP) The Arizona Supreme Court issued a warrant to execute a prisoner even though the state's new Democratic attorney general tried to withdraw her Republican predecessor's request to carry out the execution. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: Provide your petition number to court staff. 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. Leaving copies of your draft paperwork where others can read them may increaseyour risk. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection. Effective 01/01/2020, 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 service TODAY, unless the court delays it. Until you file your petition at the court, you will be able to update your information if necessary. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. A modified order is effective on service and expires two years after service of the initial order and petition. The supreme court shall maintain a central repository for orders of protection. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall enter the order and proof of service into the supreme court's central repository for orders of protection. 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. Protection Orders - Pima County Courthouse If the judge finds sufficient grounds, the judge will issue the Order of Protection and thecourt will send the Order of Protection and a copy of the petition out for service TODAY, unless the court delays it. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. 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. Your relationship to the defendant must fit into one of these categories. Public Access Case Lookup - Arizona You may request a delay in service up to 72 hours from the time the Order of Protection is granted. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. Order of Protection or Protective Order in Arizona - AZ Criminal and If the injunction is based on sexual violence, there is no fee for service. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Orders of Protection | Maricopa County Sheriff's Office An Order of Protection (A.R.S. Harassment is defined as 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 (A.R.S. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. All rights reserved. There is no fee to file a Petition for Order of Protection. The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. Williams Justice Court | Coconino - Coconino County, Arizona If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. For more information, clickhereto go to AZPOINT. 2. 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. Municipal Court Protective Orders - Phoenix, Arizona The purpose of a Protective Orderis to restrain a person from committing an act of harassment or domestic violence against another person or persons. 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. How to Contest an Order of Protection in Arizona - Killham Law 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. Users have permission to use the files, The court will give you information on how to arrange for service of the injunction. To modify an Order of Protection, you must go to one of the Law Library ResourceCenter locations to complete the appropriate paperwork. For the purposes of this subsection: 1. This form is available in English and Spanish. 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. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. There is no fee to use AZPOINT. Protective Orders served before 9/24/22 are in effect for one year from date of service. AZPOINT willhelp 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. Jury Information . You are only allowed one hearing. 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. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. Only a judge can modify an Order of Protection. and complete the required paperwork provided by court staff. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. A person that you were previously or are currently involved with either romantically or sexually. If you have made changes to this page, please close this window immediately and save/submit your changes. If you are in need of an experienced defense . The Order of Protection must be served within one year of its issuance. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. 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 are encouraged to speak to a victim advocate before you file your petition. Free parking is located on the south side of the court complex. You may file with a justice of the peace court, a city court, or a superior court. 2. The first awards for this scholarship are . If you do not remember your confirmation number, court staff can assist you. If the Injunction Against Harassment is not served within one year, it automatically expires. Orders of Protection served before September24, 2022, are valid for 1 year. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. The agency closest to the defendants address will be assigned to serve the Order of Protection.
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