Domestic Violence Article


Order of Protection

What protection does the order of protection provide?

An order of protection requires the offender to do and not do some things.

The person that the order of protection applies to cannot:

1.    Commit an act of domestic violence,
2.    Contact the person protected or other people mentioned in the order of protection, and
3.    From coming near the residence, place of employment, school or other locations designated in the protective order. 

The court issuing the order of protection can also give the person protected by the order the use and possession of a residence where the victim and offender currently live.  This means the court can kick out the offender if the victim and offender live together when the court grants the order of protection. 

Additionally, the order of protection can prohibit the person that the order applies to from possessing a gun.  If the person already possesses a gun, the person must turn in the gun to law enforcement.

How does one apply for an order of protection?

A person applying for an order of protection must file a petition, in person, with an Arizona court. Arizona provides assistance with filing this petition because dealing with courts can be confusing and people are not familiar with this petition filing process.

There is no fee to file a Petition for Order of Protection.

When going to the court, the person applying for the Petition must take to the court the following information:

1.    A picture ID (if available.)
2.    An address of their residence, work, school, and all other addresses for which the person wants protection,
3.    Information about the person that one is seeking protection from, including that person’s name, address, date of birth, physical description and other identifying information including a social security number, if known.
4.    Dates the domestic violence occurred.  If there was a case number assigned to these incidents, bring the case number(s),
5.    If minor children are to be protected, take the names and dates of birth of the minors.  Also, take the minor’s social security numbers, if known.

The process of applying for the petition can least 2 hours or more.

Please also be aware that most courtrooms do not allow children.

Once you arrive at the courthouse and told the court you are there to file a Petition for a Protective Order, you will be directed to a Protective Order Center.
At the Protective Order Center, you will complete the necessary paperwork using a computerized Domestic Violence prompt system.

That 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 staff is available to help facilitate your completion of the necessary paperwork and to guide you through the process of filing the paperwork.

Once you have completed the paperwork, you must sign and swear or affirm to the truth of the petition in front of a person authorized to administer an oath.

After you complete the paperwork you will appear before a judge.  The judge may ask you questions about the petition and the domestic violence issues. If the judge determines you need protection, the judge will issue the Order of Protection. You will need to arrange to have the Petition and Order served on the person.

Orders of Protection are not valid until served. Serving the petition means formally giving the person affected by the petition a copy of the Petition for the Order of Protection and a copy of the signed Order of Protection. The person filing the petition has to see the petition is served, but cannot personally serve these papers. 

Only law enforcement or a registered process server can serve the Order of Protection.  The court will give you a list of Law Enforcement Agencies that can serve the Order of Protection. Law Enforcement Agencies do not charge a fee to serve the papers. 

For how long is an Order of Protection good?

Once served, an Order of Protection is good for one year from the date the Order is served.

Additional Resources

Here is a link to the Maricopa County web page that explains orders of protection.  The web page includes an excellent video explaining what to expect on the day you file the petition.

https://www.superiorcourt.maricopa.gov/superiorcourt/protectiveordercenter/oop.asp

Final thoughts

The Maricopa County video ends with a very important statement.  “Please remember, the order is only a piece of paper. You must take steps to insure your safety be actively engaging in a safety plan.”

Comments:

QUESTIONS

  • I am not married to my daughters father, we recently split due to domestic violence. I am talking with him and his lawyer to get a resolution before our temporary orders hearing. The only term we are not agreeing on is that I want to stipulate that my daughter and I can relocate to Colorado in a year. His attorney keeps saying the courts will not accept that even if we come to an agreement on everything else before our court date. I spoke to an attorney who told me the opposite. How do I word this to his attorney or is his attorney right?
  • Hello, my parents marriage is negatively evolving..it is evolving drastically. A couple of days ago my stepdad pulled a gun on my mom in front of my younger brother. My younger brother explained this event to me and older sister. He also stated that he had to intervene between my parents. I am very worried for my mother, but I do not know where to start helping legally and fast.
  • I have a court hearing over a domestic batteryou case and I was just served papers telling me to appear 1 hour before hearing to give my fingerprints and photo should I be concerned?
  • My ex-girlfirend attacked me with a crow bar and split open the back of my head and when I called the police they were trying to make it seem like I was the one who had done something wrong can I go to the police station on my own and file a report there? Also I wanted to know if I am able to go and make a report on my own will she be charged with anything?
  • I was convicted of a misdemeanor domestic violence charge and have finished all of my sentencing and have had my charges set aside. What else must I do to restore my gun rights?
  • I was served with an injunction against harassment and was never informed by the plantiff that I was harassing her...we were friends. Now I have been given this form and I don't know what to do...she never indicated that she felt threaten by me and showed no changes in her behaviors that would even give the slightest clue as to her feelings...what do I do to protect myself now...
  • Me and my girlfriend have been together for 2 years and she has 2 kids by a guy who stays in trouble and rarely pays child support he makes false statements to dhr and we have been investigated and released we recently had an argument and they carry me to jail for domestic violence are we still going to be able to live with each other
  • the filer of an order of protection against me.violated it by contacting me. what do the rules say about that
  • Where can I find previous restraining orders records? Trying to gather all possible evidence that my ex has a pattern of domestic violence. I know all of us 3 women who he has been with filed for an order of protection and experienced domestic abuse. He beat me up when I was pregnant with our son and our son came out early and is now in NICU. I want to do everything possible to protect my child.
  • I was charged with an Assault 3 months ago. Will it ever be taken off of my record?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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