order of protection lookup az

Dates the incidents occurred and case numbers if applicable. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you 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. 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. Accessibility. You may apply for and receive an Order of Protection if you meet the following requirements: The defendant is: Your spouse or your former spouse. 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. You will need to contact a specific court for information on their Protective Order process. 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. 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. Modify a Court Order for Parenting Time (Disagree) Post-Decree Temporary Orders. 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. The father or mother of your child or your unborn child. The judge will decide whether there's a legal basis to issue a protective order. There is no cost for service of an Order of Protection. Some questions require ananswer, while others do not. To talk to a victim advocate before filing your petition, ask the clerk if a victim advocate is available. A judge can also order that the defendant surrender and/or not purchase firearms and ammunition. 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. Superior Court. If you are not in immediate danger, you can locate your local law enforcement agency's non-emergency telephone number by calling information at 411. After the hearing, the court may modify, quash or continue the order. Public libraries, some local courthouses, and advocate agencies may have computers or devices that you can use. Anexo a la peticin (en vigencia a partir del 1.1.22), 09. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. If you have moved out of a home you were given exclusive use under an Order of Protection, you must notify the court. 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 . An Order of Protection (A.R.S. Finally, the information contained on this website is not guaranteed to be up to date. Once completed, you will meet with a judge to discuss your request. 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. Accessibility. An order of protection shall not be granted: 1. 12-1809) is a court order to seek protection from a person other than someone you live with, a personwith whom you have norelationship, or a current or former non-family member. Site Map. To make a payment for cases, please click here. L. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. 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. 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. An order of protection is a court order intended to prevent acts of domestic violence. 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. IMPORTANT: There is NO FEE to use AZPOINT. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. 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. Special procedures apply when the Plaintiff and/or Defendant are minors. The AZPOINT portal is the perferred method of filing a Protective Order at an Arizona court. This filing shall be completed in person, electronically or by fax. There is NO FEE to use AZPOINT. Through a guided interview, you can quickly fill out the forms that are needed to request a protective order from an Arizona court. 3. F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant. For more information, click. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. Utilize the Sign Tool to create and add your electronic signature to signNow the Arizona fillable order of protection forms. are using have been updated. If the injunction is based on a dating relationship or sexual violence, there is no fee for service. G. If a court issues an order of protection, the court may do any of the following: 1. 7. Only an attorney who is licensed in Arizona can give you legal advice. You can file your petition with any municipal court, justice court, or superior court location. Users have permission to use the files, The supreme court shall register the order with the national crime information center. Until you file your petition at the court, you will be able to update your information if necessary. Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. 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. The hearing shall be held at the earliest possible time. Notice Regarding Exclusive Possession of a Shared Residence, 10. How do you know whether spyware has been installed on your device? (Click here to find Arizona courts.) M. The order shall include the following statement: This is an official court 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. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. A hearing date will be set and the plaintiff will be notified of the hearing. This marks Edwards' second arrest within . https://www.azcourts.gov/selfservicecenter/Lifetime-No-Contact-Injunctions, Arizona Coalition to End Sexual and Domestic Violence, Things You Should Know About Protective Orders. 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. You may request a delay in service up to 72 hours from the time the Order of Protection is granted. Arizona voters passed Proposition 207 in November, 2020. You are encouraged to speak to a victim advocate before you file your petition. . 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. O. court@phoenix.gov Avoid choosing obvious words or numbers for your password. The bill extends the effective duration of an emergency protection order to seven calendar days after being issued by a judge. You must use the Notice regarding exclusive possession of shared residenceform. The files included within the Law Library Resource Center's website are copyrighted. 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 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. 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. *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. The files and forms are not intended to be used to engage in the unauthorized 2. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. Instruction Form; Petition to Expunge (. All rights reserved. *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. You will be required to appear before a judge and explain why you want to dismiss the order. To improve performance and to prevent excessive high-volume use, we have implemented randomly generated . All files are under continual revision. Prescott, AZ 86303. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Phone: (928) 771-3300. B. 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. Specific statement, including dates, of the domestic violence alleged. An Order of Protection may be filed through the AZPOINT (Arizona Protective Order Initiation and Notification Tool) website. This website has been prepared for general information purposes only. 13-1302); criminally trespasses or criminally damages (A.R.S. 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. If you are not using these forms right away, or 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. Listen to Court. 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. 13-3602. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. To find an attorney, contact: To complete the process of asking for an Order of Protection, you must file your petition with an Arizona court. If adding minor children, please provide their date of birth & social security numbers if known. Spyware is a software program that can secretly collect personal information when youre online. Call 911; explain that you have an Order of Protection and the defendant is approaching you. you notice spikes in data use or increased charges on your phone bill, or Provide your petition number to court staff. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. The Arizona Board of Regents (ABOR) was appropriated $10 million and has oversight of the program. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, The court will give you information on how to arrange for service of the injunction. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. 3. AZPOINT is made available by the Arizona Judicial Branch in partnership with the Arizona Criminal Justice Commission. Do you think a person causing harm to you has or had access to this device and may be monitoring you? A specific domestic relationship between the Plaintiff and Defendant must me met in order to qualify for an Order of Protection. 13-2916); The defendant can be anyone, whether or not related to you. Answer the questions that appear on each screen. You may file with a justice of the peace court, a city court, or a superior court. 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. Search. Hoja de informacin para el demandante, 05. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. Legal advice is dependent upon the specific circumstances of each situation. 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. J. Search for cases using statewide search . The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. Relationship between you and the defendant. 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. 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. 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. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. 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. This does not prohibit a court from issuing cross orders of protection. restrain a defendant from committing acts of violence and harassment. A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. 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. Your relationship to the defendant must fit into one of these categories. If you are not using these forms right away, or 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) . At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. After you complete your petition in the AZPOINT system, you have 90 days to appear at a courthouse and officially file the petition. 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. Options for victims are here. 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. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. Not all requests for orders of protection or injunctions against harassment are granted and some may require a court hearing with the person you are seeking protection from before issuance. Orders of Protection served before September24, 2022, are valid for 1 year. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. 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. Emergency Orders of Protection are available from local law enforcement agencies. 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. Orders of Protection served on or after September24, 2022, are valid for 2 years. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. There is no fee to file a Petition for Order of Protection. 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. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. 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. 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). In Arizona, an order of protection is a way to seek protection from someone with whom you have a domestic relationship now or previously. 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 . 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: The portal will allow you to print draft (but not official) copies of the forms thatyou will need to file a petition for an Order of Protection. Search. 23-371. If you are in need of an experienced defense . Orders of Protection are not valid until served on the defendant. 602-262-6421, Phoenix Family Advocacy Center602-534-2120, Phoenix Prosecutor's Victim Services602-261-8192, Coalition Against Domestic Violence 602-279-2900. Court staff will help you determine the correct Court action for your situation. are using have been updated. including reliance on their contents. In most cases, outside of current or former spouses, orders of protection in Arizona are typically filed . Court staff is available to help facilitate your completion of the necessary paperwork and to direct you through the process of filing the paperwork. 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. 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 court issues an Order of Protection today, it will be sent out for service quickly. H. The court shall not grant a mutual order of protection. Do not depend solely on this notification for your protection. The court will give you information on how to arrange for service of the injunction. The conduct can be any conduct which is harassment. 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. Until you file your petition at a court, you will be able to return here to update your information if necessary. Again, if you think the technology you are using is suspect, please exit this window, wipe the history, and use a more secure device. 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. 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. Stop an Income Withholding Order. 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. The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) can provide safety planning information. 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. For more information about the eAccess portal please visit: https://www.azcourts.gov/eaccess. 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. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. 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. The defendant may commit an act of domestic violence. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 5. 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. Information on healthy relationships is here. 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. Your roommate or your former roommate. 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. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. For cases prior to 2016, please contact the court directly at 928-771-3300. 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. The person you filed against can request a hearing anytime prior to the expiration of the Protective Order. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. 2 min read. For the purposes of this subsection: 1. This type of information includes complete and correct addresses as well as the times and locations of where the defendant lives, works and frequents.