13-1202); assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. The decision to schedule the execution of Aaron Gunches came six weeks after . You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. 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. 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. AZPOINT | Yuma County It is not an order for visitation. 4. A person that you were previously or are currently involved with either romantically or sexually. 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. Please turn on JavaScript and try again. Search for Case AZ Statewide. 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. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. Caution: Before continuing, please think about whether the computer or the device youre using is safe. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. 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: If you are in need of an experienced defense . 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. The court will give you information on how to arrange for service of the injunction. Justice of the Peace | Cochise County, AZ - Arizona 13-3602. Name of the plaintiff. Even if you initiate contact, the Defendant could be arrested for violating this protective order. 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). 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. 201 W. Jefferson Street Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. Welcome to the Maricopa County Superior Court Protective Orders website.If you are in immediate danger, call 911. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. Phone: (928) 771-3300. Injunction Against Workplace Harassment Sample, 11. 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. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. 1. If an answer is required, but you do not have exactinformation, please make your best guess (for example, the defendants height orweight). 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. 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. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you Teen Mom Alum Ryan Edwards Arrested for Stalking, Violating Order Advocates are not attorneys and do not give legal advice, but they are available to speak to victims regarding questions concerning domestic violence and the process to obtain an Order of Protection or Injunction Against Harassment. Orders of Protection served on or after September24, 2022, are valid for 2 years. It is also important to know that when you file an affidavit, it does become a public record. Please allow at least two hours for the entire process. This person can be a member of your immediate family, or s/he may be a current or former spouse. You are encouraged to speak to a victim advocate before you file your petition. 2 min read. There may be a court that is closer to your location. Your relationship to the defendant must fit into one of these categories. Victims must remain cautious and have a personal safety plan. 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. 7. 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. 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. 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. For more information, click here to go to AZPOINT. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. Instruction Form; Petition to Expunge Orders of Protection are used when a relationship of some kind exists between the offender and the victim. All rights reserved. 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. 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. prohibit a defendant from contacting or coming into contact with you. A mutual protection order that is issued against both the party who filed a petition or a complaint or otherwise filed a written pleading for protection against abuse and the person against whom the filing was made is not entitled to full faith and credit if either: (a) The person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection order. *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. 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). For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. There is no fee to file a Petition for Order of Protection. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. An order is effective on the defendant on service of a copy of the order and petition. Public Access Case Lookup - Arizona Pima County Superior Court Legal advice is dependent upon the specific circumstances of each situation. After you file your petition, you will have to speak to a judge. 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. PDF Arizona Rules of Protective Order Procedure Protective Orders | Town of Gilbert, Arizona Arizona Order of Protection and Injunction of Harassment Forms https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. Dates the incidents occurred and case numbers if applicable. All files are under continual revision. 3. 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. How? Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. 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. AZPOINT - Arizona Judicial Branch 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. 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. provide you with legal recourse if the person served with a protective order violates the order. Until you file your petition at a court, you will be able to return here to update your information if necessary. 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. 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. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . 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. In Arizona, what is an order of protection and what do they do? Aviso referente a la posesin exclusiva de una residencia compartida, 07. The Judicial Branch of Arizona in Maricopa County Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. There is no charge for service of an Order of Protection. There is a fee charged by your telephone carrier to call 411. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. 3. 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 Access Case Lookup - Arizona This notification may be completed by a victim notification system, if available. Examples of a requested Order of Protection would be filed against: An Injunction Against Harassment (A.R.S. court@phoenix.gov 5. 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. Leaving copies of your draft paperwork where others can read them may increaseyour risk. 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. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Hoja de informacin para el demandante, 05. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. Interdicto de prohibicin de acoso en el trabajo (muestra), 11. the battery is warm at rest; 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. 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 . For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency. It allows victims the option of registering to be notified when an Order of Protection has been served. restrain a defendant from committing acts of violence and harassment. The Judicial Branch of Arizona in Maricopa County To make a payment for cases, please click here. 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. 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. The hearing shall be held at the earliest possible time. You may file with a justice of the peace court, a city court, or a superior court. 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. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. Ryan Edwards Arrested Again on Stalking Charges: Sheriff | Heavy.com For more information on protective orders, please see staff at any of our four locations. T. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. Special procedures apply when the Plaintiff and/or Defendant are minors. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. Formulario de informacin sobre el emplazamiento. Things to Know About Protective Orders, 05. Spyware is a software program that can secretly collect personal information when youre online. If the court issues an Order of Protection today, it will be sent out for service quickly. 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. Think before you print! Please think about your safetybefore you print draft copies. You will need to contact a specific court for information on their Protective Order process. 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. The supreme court shall register the order with the national crime information center. G. If a court issues an order of protection, the court may do any of the following: 1. You may file with a justice of the peace court, a city court, or a superior court. 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. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). If there is an action for maternity, paternity, annulment, legal separation or dissolution of marriage pending between the parties, The Petition must be filed in the If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. 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. 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. O. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . 'Teen Mom': Ryan Edwards Accused of Stalking Estranged Wife Amid Any of the following acts in which the defendant: You may request an Order of Protection at any of the Law Library Resource Centerlocations at the Superior Court, or go to one of the municipal courts or one of the justice courts. 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. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. 2. Protective Orders served before 9/24/22 are in effect for one year from date of service. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. Injunctions Against Harassment can be issued for individuals and workplaces. *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. All rights reserved. Teen Mom 's Ryan Edwards Arrested for Stalking and Violating Protection The Judicial Branch of Arizona In Maricopa County -2019. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. We have a form to file a request for a hearing. Listen to Court. Search. The information on this website is not legal advice. Domestic Violence Information - Arizona Judicial Branch IMPORTANT: There is NO FEE to use AZPOINT. are using have been updated. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. An order expires two years after service on the defendant. The court will decide whether you are eligible for a fee deferral or waiver. The agency closest to the defendants address will be assigned to serve the Order of Protection. Questions youll be asked in AZPOINT will help collect this information. You are only allowed one hearing. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. including reliance on their contents. 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 Judicial Branch of Arizona In Maricopa County -2019. (. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of 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. 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. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. 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. 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. with the defendant - See the Relationship Test. Note that clicking on REFRESH will only reload your session but will not save your work on the page. 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. 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. Injunctions Against Harassment are in effect for one year from date of service.. If you have recently been served with an Order of Protection and feel that the Petitioner is in the wrong, you can request a hearing to appeal the order. 85701 DT-LSB16-205 For additional questions please contact us at (520) 351-6000. 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 . Only a judge can modify an Order of Protection. 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 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. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal. Your spouse's parent, grandparent, brother, sister, child or grandchild. Superior Court | Cochise County, AZ - Arizona