Domestic Violence Article
Order of ProtectionWhat 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.
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.
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.”
My ex and I had a domestic violence issue where one party assaulted the other and property was destroyed. I declined to press charges at the time (May 2018), and the charges have been dismissed without prejudice since (June 2018). Can I change my mind and still pursue charges against the other party?
I have a court order of no contact with my ex girlfriend but she is living in my house not paying any bills nor is she on the lease, but i cannot return home because i have to stay away from her. What can be done? I sent a letter to the courts ask for an amendment also with a letter from the landlord telling me to get her out of the house because she is not on the lease or i will be evicted. But again i cant go home to . Basically she can just staywith free rent eating grapes with legs kicked up.
I moved to Arizona with my children due to a domestic violence sitaution, their father resides in Indiana is the stated obligated to inform him the children are placed with cps
I plead guilty to Disorderly Conduct DV in Mesa and have to attend 12 hours of Anger Management classes. I was planning on moving to Bullhead City but now I don't know if I can. Does it matter where I take these classes?
i lived in home and left due to domestic violence. the property manger recieved my order of protection and allowed me to vacate. 6 years later my check is being garnished for unpaid rent and attorney fees. they got a judgement from the court and a collection agency is who garnished my check. i have to pay over 4000 dollars. I thought since domestic vioelnece i was able to leave according to 33-318.
Is therea statute to limititations toproviding evidence,specifically witness testimony(several)of eye witness observation of thedomestic violence perpetrator ?Specifically incidents happened about 3 years ago . One party (With the witness testimonies) has consistently voiced the occurence ofdomestic violence in court hearings regarding child custody cases . While the other party has consistently denied it . Concerns have been reviewed and the perpetrator has managed to elude all agencies of thisproblem ( which is now goingonwith his new live in partner in front of the children(not the witness
Can an order of protection be issued to a defendant out of state without an arrest being mad or charges being filed?
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.
how do you make police make an arrest when the court order has been violated and what can i do if the refuse?
I got granted temporary sole legal decision making of my daughter but during this case I got into a car accident with my other daughter, I was not the driver or passenger and had no illegal part in this accident. Now my daughters father is telling me he has temporary sole custody and I cannot see her at all. He has domestic violence and was told that sole custody was not an option in our case for him. He got a lawyer and we made a settlement so it would be easier for me because the accident ruined everything with my life and I signed it but she told us that we needed to get it notarized.
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Things You Should Know about Protective Orders
Domestic Violence Survivor's Guide
Apache County Resources for Domestic Violence
Cochise County Resources for Domestic Violence
Coconino County Resources for Domestic Violence
Gila County Resources for Domestic Violence
Graham County Resources for Domestic Violence
Greenlee County Resources for Domestic Violence
La Paz County Resources for Domestic Violence
Maricopa County Domestic Violence Resources
Mohave County Resources for Domestic Violence
Navajo County Resources for Domestic Violence
Pima County Resources for Domestic Violence
Pinal County Resources for Domestic Violence
Santa Cruz County Resources for Domestic Violence
Yavapai County Resources for Domestic Violence
Yuma County Resources for Domestic Violence
Tribal Resources for Domestic Violence
County Resources for Domestice Violence Victims
Where to Find an Attorney for Specific Legal Advice
Domestic Violence Resource Guide - DNA People's Legal Services
Protective Order Center - How to Obtain an Order of Protection from the Court
Arizona Address Confidentiality Program