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. 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. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. This marks Edwards' second arrest within . practice of law. Protective Orders served before 9/24/22 are in effect for one year from date of service. Warning: Your AZPOINT session is about to expire because of inactivity. Provide your petition number to court staff. 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. The files and forms are not intended to be used to engage in the unauthorized If the order can be served in another city or town, the order shall be served by the law enforcement agency of that city or town. If the order cannot be served within a city or town, the order shall be served by the sheriff or constable of the county in which the defendant can be served. 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. The court cannot delay sending the order out for service for more than 72 hours. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person. 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. 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. D. A fee shall not be charged for filing a petition under this section or for service of process. Your information will be saved in AZPOINT for up to 90 days. Double check all the fillable fields to ensure total precision. The paperwork will include a Petition in which you will be required to provide specific acts of domestic violence and name each individual you believe should be included as a protected person. Court Forms - Maricopa County, Arizona For more information, click. For cases prior to 2016, please contact the court directly at 928-771-3300. You are encouraged to speak to a victim advocate before you file your petition. This notification may be completed by a victim notification system, if available. O. G. If a court issues an order of protection, the court may do any of the following: 1. 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. 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. 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) . Information on healthy relationships is here. If the order of protection is provided to a law enforcement agency or a constable, service of an order of protection is as follows: 1. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. 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. 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. Think before you print! Notice Regarding Exclusive Possession of a Shared Residence, 10. Call 911; explain that you have an Order of Protection and the defendant is approaching you. 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. H. The court shall not grant a mutual order of protection. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. It has been designed to help you fill out a petition for an Order of Protection. the battery is warm at rest; Have the law enforcement officer serve the defendant with your copy of the Order of Protection. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. Hoja de informacin para el demandante, 05. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. Please allow at least two hours to complete the process and be prepared to describe all incidents between yourself and person from whom you are seeking protection. 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. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. Orders of Protection served before September24, 2022, are valid for 1 year. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. Only a judge can modify an Order of Protection. 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. Before you ask for an Order of Protection, know how SERVICE works in Jury Information . Formulario de informacin sobre el emplazamiento. You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition. Answer the questions that appear on each screen. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order on the defendant. 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. 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. 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. Teen Mom Alum Ryan Edwards Arrested for Stalking, Violating Order You will need to contact a specific court for information on their Protective Order process. There is a fee charged by your telephone carrier to call 411. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. The conduct can be any conduct which is harassment. You may file with a justice of the peace court, a city court, or a superior court. Search for Case Pinal County. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. If you do not remember your confirmation number, court staff can assist you. 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. The court cannot delay sending the order out for service for more than 72 hours. 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. 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. Rental Assistance & Eviction Prevention Programs. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. 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. The MTV personality, who was arrested on Feb. 10 on suspicion of harassment, possession of drug paraphernalia, possession of a controlled substance and order of protection violation, is now being accused of stalking . The judge will decide whether there's a legal basis to issue a protective order. You will need your petition confirmation number to file your petition with a court. 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. (Click here to find Arizona courts.) At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. The provisions for release under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made pursuant to this section. For the purposes of this section, any court in this state has jurisdiction to enforce a valid order of protection that is issued in this state and that has been violated in any jurisdiction in this state. 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. Orders of Protection | City of Peoria - Peoria, Arizona Your relationship to the defendant must fit into one of these categories. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. The court cannot delay sending the order out for service for more than 72 hours. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. based on the relationship you have with the party you are seeking protection from. Room 103. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Questions youll be asked in AZPOINT will help collect this information. National Domestic Violence Hotline 1-800-799-7233 (TTY 1-800-787-3224) Arizona Coalition to End Sexual and Domestic Violence 602-279-2900 or 1-800-782-6400 Protective Orders Defined Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. You can help this process by providing information on the most likely places where the defendant can be served. Orders of Protection served on or after September24, 2022, are valid for 2 years. 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. How a party is served in the Order of Protection process has changed. Ducey signs bill extending duration of restraining orders - KPNX 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. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. 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. Municipal Court Protective Orders - Phoenix, Arizona 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). It is intended to prevent the offending person from contacting you. The hearing shall be held at the earliest possible time. 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. AZPOINT - Arizona Judicial Branch You must follow the instructions set forth in the Procedures. 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. 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. Dates the incidents occurred and case numbers if applicable. Phoenix, AZ 85003. 13-3623); interferes with judicial proceedings (A.R.S. In some courts, you may be asked to complete the petition through an interactive computer program. 2 min read. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. 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. 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. You will be required to provide identification to court personnel at the time you complete the paperwork. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). The information on this website is not legal advice. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. All rights reserved. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. The defendant may commit an act of domestic violence. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 1. Accessibility. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant committed, or is about to commit, any of the following: Any dangerous crime against a child under 15 years of age (A.R.S. 13-3602. Civil Enforcement :: Pima County Sheriff's Department 2. 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: 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. Please allow at least two hours for the entire process. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. 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. WWW.SC.PIMA.GOV/JURORS The Superior Court urges anyone contacted by potential scammers to immediately call the Jury Commissioner's Office (520) 724-4222, to verify whether a jury summons is in effect. The Judicial Branch of Arizona in Maricopa County The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. 01. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. 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 . Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived Through a guided interview, you can quickly fill out the forms that are needed to request a protective order from an Arizona court. Order of Protection / Injunction Against Harassment | Arizona 13-1303 and 1304); interferes with the custody of a child unlawfully (A.R.S. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. 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. 2. 13-2916); The defendant can be anyone, whether or not related to you. This website has been prepared for general information purposes only. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. 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. 4. Please turn on JavaScript and try again. How to File an Order of Protection Against Domestic Violence Public Access Case Lookup - Arizona Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. If you did not immediately save your work before clicking REFRESH, you will need to re-enter your work. Special procedures apply when the Plaintiff and/or Defendant are minors. Your parent, grandparent, brother, sister, child, or grandchild. Search. IMPORTANT: There is NO FEE to use AZPOINT. 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. Instruction Form; Petition to Expunge If you feel this is a possibility, please exit out of this window and continue the application process on a safe device. Below are links to other nearby courts to obtain a Protective Order. 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. 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. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. You must sign and swear or affirm to the truth of the petition before a person authorized to administer an oath. Ryan Edwards Arrested Again on Stalking Charges: Sheriff | Heavy.com 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. restrain a defendant from committing acts of violence and harassment. The files and forms are not intended to be used to engage in the unauthorized A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. practice of law. Search. Your spouse's parent, grandparent, brother, sister, child or grandchild. There is no cost for service of an Order of Protection. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. 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. M. The order shall include the following statement: This is an official court order. 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. 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. 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. It looks like your browser does not have JavaScript enabled. For access to criminal and civil court documents in the Superior Court visit the eAccess portal .