Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. O. The Victims' Rights Unit can also work with you in the development of a safety plan if needed.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 screen turns on when not in use or theres an unusual battery drain; Only a judge can modify an Order of Protection. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. Enter your official contact and identification details. Answers to general questions for obtaining protective orders. Relationship between you and 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. 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. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. D. A fee shall not be charged for filing a petition under this section or for service of process. 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. Jury Information . if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. 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. 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. 2. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you. 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. Effective 01/01/2020, 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 service TODAY, unless the court delays it. For access to criminal and civil court documents in the Superior Court visit the eAccess portal . 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. Avoid choosing obvious words or numbers for your password. It has been designed to help you fill out a petition for an Order of Protection. 2. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. Filing Your Petition at Court Your information will be saved in AZPOINT for 90 days. 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. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. The files included within the Law Library Resource Center's website are copyrighted. 2. 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. Options for victims are here. Injunctions Against Harassment are in effect for one year from date of service.. 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. and complete the required paperwork provided by court staff. There is no cost for service of an Order of Protection. The petition number is needed to retrieve your petition and otherinformation from the portal. Complete the paperwork for the judge to review. Any of the following acts in which the defendant: threatens or intimidates (A.R.S. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Wednesday, January 25, 2023 1:18 PM, Address: 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. . Press Done after you fill out the form. An Order of Protection ( A.R.S. Call them at 602-279-2900, 800-782-6400 . If the court issues an Order of Protection today, it will be sent out for service quickly. Search for cases using statewide search . The court cannot delay sending the order out for service for more than 72 hours. If the Judge grants your Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction. Keylogger spyware records the keystrokes you make on a keyboard. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. An order of protection shall not be granted: 1. Orders of Protection served on or after September24, 2022, are valid for 2 years. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. NOTE: AZPOINT cannotbe used to fill out a petition for the new Lifetime No-Contact Injunction. Once completed, you will meet with a judge to discuss your request. 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. 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 2. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. *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. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. This marks Edwards' second arrest within . 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. Name of the plaintiff. 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. IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. 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. Injunction Against Workplace Harassment Sample, 11. 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. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. 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. One of the parties is a parent, grandparent, in-law or sibling, Someone with whom you are having a romantic or sexual relationship, One party pregnant by the other party or someone with whom you have a child in common, Yourrelative, or your current spouse'srelative (contact the Court for specific relatives), The defendantmust have committed acts of harassment, Criminal Trespass - first, second or third degree, Prohibits a person from coming near a home, work site, school, or other locations listed on the court order, Prohibits a person from contacting you by phone, email, text, mail, or other means listed on the court order, Does not resolve landlord/tenant disputes, Does not change custody or visitation orders. 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. 201 W. Jefferson Street restrain a defendant from committing acts of violence and harassment. If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to theProtective Order Center with a valid picture I.D. There is NO FEE to use AZPOINT. 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. I. 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. 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 . 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. 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. Questions youll be asked in AZPOINT will help collect this information. All files are under continual revision. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. 12-1810. Utilize a check mark to point the choice wherever required. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . Defendant name, address, date of birth, social security number (if known), description & other useful information if known. An order is effective on the defendant on service of a copy of the order and petition. 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. An Order of Protection may include various forms of legal protection such as removing firearms from the home, adding other people to the order and exclusive use of the home. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. Your parent, grandparent, brother, sister, child, or grandchild. Some questions require ananswer, while others do not. If the Injunction Against Harassment is not served within one year, it automatically expires. 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. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. You are only allowed one hearing. 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. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. If you have made changes to this page, please close this window immediately and save/submit your changes. A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for 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. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of 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. This does not prohibit a court from issuing cross orders of protection. If the order is granted, it will be a temporary order that expires seven (7) calendar daysafter issuance. For information about the Lifetime No-Contact Injunction, seehttps://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions. including reliance on their contents. assaults, including use of a dangerous weapon or causing serious bodily harm; interferes with the custody of a child unlawfully; criminally trespasses or criminally damages; disorderly conduct or stalks; uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend; Your address information (this information is confidential). 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 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 must use the Notice regarding exclusive possession of shared residenceform. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. effective for 1-2 years from service date. In some courts, you may be asked to complete the petition through an interactive computer program. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. 5. Go to https://azpoint.azcourts.gov/ to get started. Special procedures apply when the Plaintiff and/or Defendant are minors. This notification may be completed by a victim notification system, if available. To have an injunction granted or issued: "harassment" means either of the following: (a) 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. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). Your relationship to the defendant must fit into one of these categories. 4. Orders of Protection served before September24, 2022, are valid for 1 year. After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. 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. Order of Protection Notification System. The supreme court shall register the order with the national crime information center. Leaving copies of your draft paperwork where others can read them may increaseyour risk. You will be required to provide identification to court personnel at the time you complete the paperwork. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. It is intended to prevent the offending person from contacting you. 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. 13-3602)is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. 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.
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