R. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Trusted friend or family member may be willing to let you use their computers or devices. provide you with legal recourse if the person served with a protective order violates the order. 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. A copy of your petition and the order will be given to the Defendant and may be used in future judicial proceedings.SERVICE AND EFFECT: This protective order is valid for one year from the date it is served on the Defendant and is enforceable by law enforcement in any state or tribal nation in the United States. This location processes justice court felony cases from East Phoenix (two courts), South Phoenix, Central Phoenix, West Phoenix, Northeast Phoenix, Buckeye . 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) . 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. 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. J. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. Superior Court. Formulario de informacin sobre el emplazamiento. There is no cost for service of an Order of Protection. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. 12-1810. 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. The court will give you information on how to arrange for service of the injunction. Regardless of where you reside in Arizona, generally, any court in Arizona may issue an Order of Protection. including reliance on their contents. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. Users have permission to use the files, 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. Finally, the information contained on this website is not guaranteed to be up to date. Stop an Income Withholding Order. You can file your petition with any municipal court, justice court, or superior court location. forms, and information for any lawful purpose. 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: 2. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. Room 103. 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 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. 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. 1. The Judicial Branch of Arizona In Maricopa County -2019. The files and forms are not intended to be used to engage in the unauthorized Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. There is NO FEE to use AZPOINT. 2. For more information on protective orders, please see staff at any of our four locations. 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. Spyware is a software program that can secretly collect personal information when youre online. Only a judge can modify an Order of Protection. Your information will be saved in AZPOINT for up to 90 days. You must use the Notice regarding exclusive possession of shared residenceform. When you arrive at theLaw Library ResourceCenter, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. 13-1203 and 1204); kidnaps or unlawfully imprisons (A.R.S. Your roommate or your former roommate. Injunctions Against Harassment are in effect for one year from date of service.. Your Government; . After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L of this section. 2. If the court issues an Order of Protection today, it will be sent out for service quickly. 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. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. An action has been commenced but a final judgment, decree or order has not been entered. (Click here to find Arizona courts.) Examples of a requested Order of Protection would be filed against: Your current or former spouse Someone with whom you live or have lived You are encouraged to speak to a victim advocate before you file your petition. Your parent, grandparent, brother, sister, child, or grandchild. There is no fee to use AZPOINT. If the injunction is based on sexual violence, there is no fee for service. These rules govern the procedures in any Arizona court in all cases related to the issuance of an Order of Protection See A.R.S. If you are not using these forms right away, or 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. Think before you print! If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. forms, and information for any lawful purpose. Your information will be saved in this portal for up to 90 days. 2. 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. Primary Business Address: 120 South Cortez Street. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you based on the relationship you have with the party you are seeking protection from. This person can be a member of your immediate family, or s/he may be a current or former spouse. Listen to Court. For the purposes of this subsection: 1. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. Until you file your petition at a court, you will be able to return here to update your information if necessary. To extend your session, click on the REFRESH button. 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. Orders of Protection served before September24, 2022, are valid for 1 year. 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. 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. Do you think a person causing harm to you has or had access to this device and may be monitoring you? Only a judge can dismiss or quash an Order of Protection. A. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Orders of Protection served before September24, 2022, are valid for 1 year. 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 hearing date will be set and the plaintiff will be notified of the hearing. Questions youll be asked in AZPOINT will help collect this information. 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. Please ensure you have read the information on our Prop 207 web page before using these forms to begin the process. 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. 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. 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. Lo que usted debe saber sobre las rdenes de proteccin, 03. 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. Court staff will help you determine the correct Court action for your situation. Auto de prohibicin de acoso (muestra), 10. If you are not using these forms right away, or Family violence is defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child. If you decide to go ahead with your petition for a protective order, you must file it with a court. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. 13-2810); uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. Caution: Before continuing, please think about whether the computer or the device youre using is safe. 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. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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). There is a fee charged by your telephone carrier to call 411. Arizona Department of Juvenile Corrections, Order of Protection / Injunction Against Harassment. It allows victims the option of registering to be notified when an Order of Protection has been served. V. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. When using any type of device, be careful about allowing the device to save your passwords. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. 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. 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. Ask the court about fee deferral or waiver if you cannot afford to pay a fee for service. Regular orders of protection can now remain effective for two years . Please think about your safetybefore you print draft copies.
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