Jury Information . Where do I start? To file a motion to dismiss or quash an Order of Protection, you must go to one of the Law Library Resource Center locations to complete a motion. 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. The hearing shall be held at the earliest possible time. 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. Some questions require ananswer, while others do not. Press Done after you fill out the form. An order of protection is a court order intended to prevent acts of domestic violence. Regular orders of protection can now remain effective for two years . You can help this process by providing information on the most likely places where the defendant can be served. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. 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. Information on how to obtain an Emergency Order of Protection . 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. If you decide to go ahead with your petition for a protective order, you must file it with a court. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Only a judge can dismiss or quash an Order of Protection. Phone: (928) 771-3300. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. 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). 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. Leaving copies of your draft paperwork where others can read them may increaseyour risk. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you The court will give you information on how to arrange for service of the injunction. 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. 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. prohibit a defendant from contacting or coming into contact with you. Only an attorney who is licensed in Arizona can give you legal advice. Information for residents who have the privilege to serve on a Jury. assaults, including use of a dangerous weapon or causing serious bodily harm; interferes with the custody of a child unlawfully; criminally trespasses or criminally damages; disorderly conduct or stalks; uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend; Your address information (this information is confidential). 4. The Judicial Branch of Arizona In Maricopa County -2019. 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. Emergency Orders of Protection are available from local law enforcement agencies. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. There is no cost for service of an Order of Protection. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence. There is no charge for service of an Order of Protection. IMPORTANT: There is NO FEE to use AZPOINT. 4. 13-1302); criminally trespasses or criminally damages (A.R.S. For more information, please reference A.R.S. You will need to contact a specific court for information on their Protective Order process. If you would like your personal information protected, it must specifically be requested.Please refer to the following website to locate an Arizona Order of Protection or Injunction Against Harassment Packet: Protective Order FormsPlease refer to the following website to find a court in your area that may be able to assist you with Orders of Protection: Arizona Court LocatorORDERS OF PROTECTION A.R.S. Accessibility. 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. G. If a court issues an order of protection, the court may do any of the following: 1. The decision to schedule the execution of Aaron Gunches came six weeks after . 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 feel this is a possibility, please exit out of this window and continue the application process on a safe device. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. 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. Your Government; . 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. You must use the Notice regarding exclusive possession of shared residenceform. Please have your petition confirmation number available so court staff can start your case. Ryan Edwards has found himself in more legal trouble. After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J of this section for service or to an entity that is authorized in subsection K of this section to serve process. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. Do you think a person causing harm to you has or had access to this device and may be monitoring you? If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. Request an Order of Protection through AZPOINT https://azpoint.azcourts.gov/ The new AZPOINT system allows victims of domestic violence to prepare protective order petition documents online and then go to any court in Arizona to complete the process, file their documents, and establish a safety plan before leaving the courthouse. 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. The Judicial Branch of Arizona In Maricopa County -2019. The court cannot delay sending the order out for service for more than 72 hours. Please turn on JavaScript and try again. 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. The files and forms are not intended to be used to engage in the unauthorized To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. Once completed, you will meet with a judge to discuss your request. 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. It has been designed to help you fill out a petition for an Order of Protection. (b) One or more acts of sexual violence as defined by forms, and information for any lawful purpose. 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. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. How do you know whether spyware has been installed on your device? 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. 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 . This does not prohibit a court from issuing cross orders of protection. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. are using have been updated. 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. 1. Free parking is located on the south side of the court complex. D. A fee shall not be charged for filing a petition under this section or for service of process. 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. Caution: Before continuing, please think about whether the computer or the device youre using is safe. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. Until the Order is served, you should keep an additional copy of the Order of Protection in your possession in order for law enforcement to complete service on the defendant if the defendant has not been served and comes near you. 2. A. 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. Call them at 602-279-2900, 800-782-6400 . At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. I. Superior Court. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. 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. 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. 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. 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. Your information will be saved in AZPOINT for up to 90 days. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage. The defendant may commit an act of domestic violence. There is no fee for law enforcement service of an OOP or IAH on someone involved a dating/domestic relationship.PROTECTIVE ORDER HEARING: If the Defendant disagrees with this protective order, 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 this order. After you file your petition, you will have to speak to a judge. Protective Orders. 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. The files included within the Law Library Resource Center's website are copyrighted. 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. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. The court will decide whether you are eligible for a fee deferral or waiver.. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. provide you with legal recourse if the person served with a protective order violates the order. and complete the required paperwork provided by court staff. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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 For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. A hearing date will be set and the plaintiff will be notified of the hearing. Q. 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. 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. The Order of Protection must be served within one year of its issuance. 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. Warning: Your AZPOINT session is about to expire because of inactivity. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. Site Map. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. practice of law. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. Finally, the information contained on this website is not guaranteed to be up to date. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. All rights reserved. are using have been updated. For the purposes of this subsection: 1. Answers to general questions for obtaining protective orders. 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. Users have permission to use the files, The person asking for the order ( plaintiff) must have a relationship (family, sexual, roommate, etc.) It is also important to know that when you file an affidavit, it does become a public record. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. 6. (. 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. To request a hearing on an Order of Protection, the Defendant must go to one of the Law Library Resource Center locations to complete a Request for Hearing form. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period. It looks like your browser does not have JavaScript enabled. you notice spikes in data use or increased charges on your phone bill, or According to the sheriff's office's press release, Edwards was arrested on charges of "stalking" and "violation of an order of protection". 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. The defendant may commit an act of domestic violence. Name of the plaintiff. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). The father or mother of your child or your unborn child. A modified order is effective on service and expires two years after service of the initial order and petition. https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. Listen to Court. 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. 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. . Your spouse's parent, grandparent, brother, sister, child or grandchild. The court cannot delay sending the order out for service for more than 72 hours. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant is: Your spouse or your former spouse. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . 2. 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 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. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. Go to https://azpoint.azcourts.gov/ to get started. 2. Failure to contact the jury office may result in further action being brought against you by this Court as prescribed by Arizona law. 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. You can either call the the court for a remote hearing, or come into the court for your hearing. 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.