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Even if you initiate contact, the Defendant could be arrested for violating this protective order. The agency closest to the defendants address will be assigned to serve the Order of Protection. 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. 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 you have made changes to this page, please close this window immediately and save/submit your changes. 201 W. Jefferson Street Separate paperwork is required for each person from whom you are seeking protection. 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. Site Map. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. Accessibility. Expect to be at the Court house for at least 2 hours. An Order of Protection ( A.R.S. Your information will be saved in AZPOINT for up to 90 days. 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. 13-3624(C), an Injunction Against Harassment See A.R.S. 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. We have a form to file a request for a hearing. 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. Press Done after you fill out the form. forms, and information for any lawful purpose. A person that you were previously or are currently involved with either romantically or sexually. 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. Hear what is happening in Pinal County Court and Hearing Rooms. Forms to apply for an Order of Protection, Injunction Against Harassment, and Injunction Against Workplace Harassment are available at AZPOINTor onsite atthe Law Library Resource Center. Auto de prohibicin de acoso (muestra), 10. Search. 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 . The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . based on the relationship you have with the party you are seeking protection from. 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. Until you file your petition at the court, you will be able to update your information if necessary. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. If you are in need of an experienced defense . It is also important to know that when you file an affidavit, it does become a public record. Search for cases using statewide search . An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. All rights reserved. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. If the injunction is based on sexual violence, there is no fee for service. 4. Emergency Orders of Protection are available from local law enforcement agencies. Users have permission to use the files, if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you The defendant committed, or is about to commit, any of the following: INJUNCTIONS AGAINST HARASSMENT A.R.S. 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 . 2 min read. Note that clicking on REFRESH will only reload your session but will not save your work on the page. are using have been updated. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. 13-2904(A)(1)(2)(3) or (6)); abuses a child or vulnerable adult (A.R.S. An action has been commenced but a final judgment, decree or order has not been entered. The files included within the Law Library Resource Center's website are copyrighted. 2. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, 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. U. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, If you do not appear at the hearing, your Order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearings.MODIFYING OR QUASHING (DISMISSING) THIS PROTECTIVE ORDER: Only a judge can modify or quash (dismiss) this protective order. 1. 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. 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. 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. Where do I start? Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. The defendant may commit an act of domestic violence. 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. 13-3602. Primary Business Address: 120 South Cortez Street. Your Government; . Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. 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. 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. 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. Go to Protective Order Centeron the 2ndfloorof the Phoenix Municipal Court. A judge can order that the offending person (defendant) not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence, work, school or other locations. 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. 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. Notice Regarding Exclusive Possession of a Shared Residence, 10. 32 N. Stone Ave., 16th floor Tucson, Az. Your address andcontact informationmay be kept confidential (meaningonly available to court staff). There is no fee to file a Petition for Order of Protection. 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. 2 min read. All files are under continual revision. 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. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. 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. 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. You will receive notification that the juvenile has been officially served, and the Victims' Rights Unit will return the signed documents to you, so that you can file them with the originating court. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. 2. Have the law enforcement officer serve the defendant with your copy of the Order of Protection. Superior Court. B. 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. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. You must follow the instructions set forth in the Procedures. Only a judge can modify an Order of Protection. 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. The petition number is needed to retrieve your petition and otherinformation from the portal. Free parking is located on the south side of the court complex. 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. Arizona voters passed Proposition 207 in November, 2020. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. Answer the questions that appear on each screen. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. Search for Case AZ Statewide. Juror Information: The court is located South of the Superstition Freeway (U.S.Route 60) and just west of North Mesa Drive. You must use the Notice regarding exclusive possession of shared residenceform. 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. . In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. 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. Information on healthy relationships is here. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 2. If you are not using these forms right away, or If the injunction is based on a dating relationship or sexual violence, there is no fee for service. Once completed, you will meet with a judge to discuss your request. Please allow at least two hours for the entire process. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents. 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. 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. Hoja de informacin para el demandante, 05. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. civil court orders prohibiting a specific person from making contact with you such as coming near your home, work site, school, or other locations as listed on 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. For more information, clickhereto go to AZPOINT. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. When using any type of device, be careful about allowing the device to save your passwords. *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. Harassment is defined as a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose (A.R.S. 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. Orders of Protection are not valid until served on the defendant. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. 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. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. 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. 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. Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. 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. When you have provided the minimum required information to file a petition, you will be "court ready" and will receive a confirmation number and information about next steps. It is not an order for visitation. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. Please turn on JavaScript and try again. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. 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. 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. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. This marks Edwards' second arrest within . 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. 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. Do you think a person causing harm to you has or had access to this device and may be monitoring you? 3. 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. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. The first awards for this scholarship are . 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. Room 103. 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. the battery is warm at rest; Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. 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. For each order of protection that is issued by a municipal court, if the defendant can be served within that city or town, the order shall be served by the law enforcement agency of that city or town. 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. 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 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. Please think about your safetybefore you print draft copies. 13-3623); interferes with judicial proceedings (A.R.S. 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. Things to Know About Protective Orders, 05. 2. AZCourtHelp.org:AZCourtHelp.orgoffers free assistance to all people who have legal information questions or need Click below for more information: 12-1809(R)). Accessibility. For the purposes of this subsection: 1. The court cannot delay sending the order out for service for more than 72 hours. Any court in the state ofArizona can review a petition and issue a Protective Order. 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. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for 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. 12-1810. The address and contact information shall not be listed on the petition. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . court@phoenix.gov G. If a court issues an order of protection, the court may do any of the following: 1. 2. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you 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. Users have permission to use the files, 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. This system is a service available to victims, or their designees, who have been granted certain Court Orders of Protection. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. You are encouraged to speak to a victim advocate before you file your petition. Your parent, grandparent, brother, sister, child, or grandchild. If you completed the Petition on AZPoint, you will provide your confirmation to court staff. Spyware is a software program that can secretly collect personal information when youre online. If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge.