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 just found out I have a Inditement for me, my boyfriend signed the certified letter to me. I never even knew the police were called/ I'm in shock about this I did not! do anything to this person! He Was so drunk he fell off the chair I didn't even know his arm was hurt till days later,he admits that I did not do this to him but told his family I did,, he said the police came to take a report a week later?? this was in October I don't know what to do there saying I need fingerprints/DNA before my court date tomorrow! are they crazy they just assume I did this without ever speaking to me!
  • What do I need to do to change one of my daughters last name. My domestic partner is not the biological father but he has been there with my daughter and i since about 3 months into my pregnancy. My daughter currently has my last name but both my partner and i want to change her last name to his. Her biological father isnt in the birth certificate nor in her life. And she is 1. What are the steps to change her last name?
  • CAN A PLAINTIFF (VICTIM) BE ARRESTED FOR TALKING TO THE DEFENDANT WITH THE ORDER OF PROTECTION IN PLACE
  • If I dont show up to court when he fights to have it dismissed will it be dismissed and will it show up on a back ground check that this ever happened to him.
  • If your abused by your husband and you divorce him and he owes taxes.. what are your options?
  • If a child is charged with domestic violence against a parent and the child is 16, does this stay on the childs record permately?
  • I'm a survivor of domestic violence and sexual assault. It's been four years since the last domestic occurred and I moved to Washington to get away from my abuser with my kids. I am wondering since it has been four years ago if there is anything that I can do now like make a police report or legal action now.
  • If a relative has lived in your home for than a year and domedtic violence was involved, do i have to give her notice before I get rid of her belongings
  • Can an order of protection be issued to a defendant out of state without an arrest being mad or charges being filed?
  • If an Injunction of Harassment is dropped in Superior Court, can I re-apply due to not having enough evidence? Or appeal it? What are my options? Thanks for your help/info.

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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