There is a fee charged by your telephone carrier to call 411. Regular orders of protection can now remain effective for two years . The agency with custody of the defendant shall make reasonable efforts to contact the victim and other specifically designated persons in the order of protection, if known to the custodial agency, who requested notification immediately on release of the arrested person from custody. 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. B. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 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. Caution: Before continuing, please think about whether the computer or the device youre using is safe. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. *You may also use this portal if you're asking for protection on behalf of another person--either (1) a minor of whom you are the parent, guardian, or legal custodian or (2) an adult who is temporarily or permanently unable to request an order. Name and address, if known, of the defendant. Separate paperwork is required for each person from whom you are seeking protection. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. A person that you were previously or are currently involved with either romantically or sexually. When using any type of device, be careful about allowing the device to save your passwords. 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. 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. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. You will need to contact a specific court for information on their Protective Order process. 01. 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. including reliance on their contents. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. are using have been updated. Utilize a check mark to point the choice wherever required. Search for Case Pinal County. The court will decide whether you are eligible for a fee deferral or waiver.. Injunction Against Workplace Harassment Sample, 11. Name of the plaintiff. Superior Court. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. The files and forms are not intended to be used to engage in the unauthorized IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. The information that you save in the portal will stay here for 90 days, andyou can come back to it as often as necessary. 6. An order of protection shall not be granted: 1. Auto de prohibicin de acoso (muestra), 10. Press Done after you fill out the form. 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. 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. Jury Information . O. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor). Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. 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. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . If you decide to go ahead with your petition for a protective order, you must file it with a court. 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. If you are not using these forms right away, or 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 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. . 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. This website has been prepared for general information purposes only. 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. 3. K. In addition to persons authorized to serve process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an order of protection that is issued pursuant to this section. Service of the order of protection has priority over other service of process that does not involve an immediate threat to the safety of a person. 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. 13-3602, an Emergency Order of Protection See A.R.S. Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance. For more information, click. the screen turns on when not in use or theres an unusual battery drain; 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. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. 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 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 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. Provide your petition number to court staff. This does not prohibit a court from issuing cross orders of protection. 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. It is also important to know that when you file an affidavit, it does become a public record. Lo que usted debe saber sobre las rdenes de proteccin, 03. 13-1302); criminally trespasses or criminally damages (A.R.S. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. 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. 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. You can help this process by providing information on the most likely places where the defendant can be served. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. 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. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. 3. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. 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. 2. Please allow at least two hours for the entire process. To extend your session, click on the REFRESH button. the person causing harm knows details about private conversations you've had with others and has had access to your devices. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. Protective Orders served before 9/24/22 are in effect for one year from date of service. 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 the defendant has been served with the original Order of Protection but has not requested a hearing, you will be required to appear before a judge and explain why you want to modify the 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. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). You can file your petition with any municipal court, justice court, or superior court location. Emergency Orders of Protection are available from local law enforcement agencies. Some red flags to consider if you think spyware may be on your device are: the device takes a long time to shut down; A. To make a payment for cases, please click here. W. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case. Court Interpretation and Translation Services, To have your hearing onsite, bring your confirmation number to any of our Superior Court. Primary Business Address: 120 South Cortez Street. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. including reliance on their contents. 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. 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 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. . All files are under continual revision. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. 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. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. Site Map. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. 13-3602. In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. *If you are an employer seeking protection of your business or employees, you may apply for an Injunction Against Workplace Harassment based on a single act or a series of acts of harassment. 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. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. Some questions require ananswer, while others do not. 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. Go to Protective Order Centeron the 2ndfloorof the Phoenix Municipal Court. It looks like your browser does not have JavaScript enabled. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. Your roommate or your former roommate. 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. We have a form to file a request for a hearing. 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. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. restrain a defendant from committing acts of violence and harassment. Your spouse's parent, grandparent, brother, sister, child, grandchild. 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. 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. Your information will be saved in this portal for up to 90 days. You are only allowed one hearing. 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. You can protect your home and work address by requesting on the application form that your addresses be protected.OTHER PROTECTED PERSONS: It is possible that you will be referred to Superior Court if your children are listed as protected persons in this order. For more information, please reference A.R.S. Aviso referente a la posesin exclusiva de una residencia compartida, 07. 13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. Only a Superior Court Judge can decide child custody or parenting time in a separate action.ONE DEFENDANT: A separate petition must be filed for each defendant. Until you file your petition at a court, you will be able to return here to update your information if necessary. Do you think a person causing harm to you has or had access to this device and may be monitoring you? 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. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. 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 . 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 specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Advocates are available at each Superior Court location (and some municipal courts) to provide assistance. 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. 3. An Order of Protection is a court order prohibiting a specific person ( defendant) from coming near a home, workplace, or other location listed in the document.
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