Victims must remain cautious and have a personal safety plan. 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. You can help this process by providing information on the most likely places where the defendant can be served. 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. 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. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. Find My Court. Orders of Protection served on or after September24, 2022, are valid for 2 years. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. 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. 4. 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. 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. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. Be sure to LOG OUT every time you have finished working in this portal. 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. Process Service Deposits and Fees Waivers and deferrals: Unless you provide a waiver or deferral from an Arizona Superior Court, there will be charges for serving your papers. 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. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. 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. Requested petitions are typically seen by a judge and ruled on the same day. based on the relationship you have with the party you are seeking protection from. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. you notice spikes in data use or increased charges on your phone bill, or
and complete the required paperwork provided by court staff. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. The Arizona Protective Order Initiation and Notification Tool (AZPOINT) Through an interview in the AZPOINT portal https://azpoint.azcourts.gov/, you can quickly fill out the forms that you need to ask for an Order of Protection at an Arizona court. Jury Information . A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. There is no cost for service of an Order of Protection. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. 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 . Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m.
At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. One of the parties is a parent, grandparent, in-law or sibling, Someone with whom you are having a romantic or sexual relationship, One party pregnant by the other party or someone with whom you have a child in common, Yourrelative, or your current spouse'srelative (contact the Court for specific relatives), The defendantmust have committed acts of harassment, Criminal Trespass - first, second or third degree, Prohibits a person from coming near a home, work site, school, or other locations listed on the court order, Prohibits a person from contacting you by phone, email, text, mail, or other means listed on the court order, Does not resolve landlord/tenant disputes, Does not change custody or visitation orders. Stop an Income Withholding Order. Legal advice is dependent upon the specific circumstances of each situation. 32 N. Stone Ave., 16th floor Tucson, Az. Notice Regarding Exclusive Possession of a Shared Residence, 10. There may be a court that is closer to your location. 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. Your relationship to the defendant must fit into one of these categories. For more information, click. Protective Orders served before 9/24/22 are in effect for one year from date of service. Until you file your petition, it has no legal effect. 3. Search. Call them at 602-279-2900, 800-782-6400 . Accessibility. Injunction Against Workplace Harassment Sample, 11. are using have been updated. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. 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. Information for residents who have the privilege to serve on a Jury. All files are under continual revision. Orders of Protection served before September24, 2022, are valid for 1 year. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. practice of law. For more information, clickhereto go to AZPOINT. Name of the plaintiff. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. If you do not remember your confirmation number, court staff can assist you. H. The court shall not grant a mutual order of protection. Warning: Your AZPOINT session is about to expire because of inactivity. The Order of Protection must be served within one year of its issuance. B. Your spouse's parent, grandparent, brother, sister, child, grandchild. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived Go to https://azpoint.azcourts.gov/ to get started. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an order of protection. . 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. Emergency Order of ProtectionIf the Court has closed for business, Emergency Orders of Protection are granted by a judge in writing verbally, or telephonically to protect a person who is in imminent danger of domestic violence. Search for Case AZ Statewide. 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. Your parent, grandparent, brother, sister, child, or grandchild. 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. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). You are encouraged to speak to a victim advocate before you file your petition. Rental Assistance & Eviction Prevention Programs. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). 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. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 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. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. 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. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . 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. 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. 13-3623); interferes with judicial proceedings (A.R.S. A hearing date will be set and the plaintiff will be notified of the hearing. 01. . You must follow the instructions set forth in the Procedures.