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 have a custody trial coming next year & I’m representing myself. I'm attempting to prove child abuse by my ex to his oldest son (not common to us) that I witnessed. I have filed a CPS report in the past but it was unsubstantiated. His son just turned 18 & is still living in the home.There are no police reports. Instead I’m hoping to use his son’s behavioral records from school, to convey that he has documented behavioral/emotional issues that his father would respond poorly at home by phys abuse. His son has a right to keep his educational records private. But can I request for this case??
  • After enduring years of abuse broken neck, stabbing, multiple other injuries my husband inflicted on my body now paralysi . He's called Chandler police filed false reports I'm always charged w/no evidence he broke my neck son called 911 i was put in jail when I didn't do anything. past 2 years Chandler PD & Marok charged me w/29 false allegations He cleared out all my accounts. So self rep family ct.Hiding behind false haress. inj.HE MADE $5MILL$ IN STOCKS 201 keep me away financial info. ***JUST NOTIFIED I'VE BEEN INDICTED FOR ARSON DANGEROUS FELONY IN FEDERAL. t COURT ON FRIDAY APRIL 22ND
  • In Arizona when can a legally married man(woman) be charged with rape of his/her spouse?
  • I have an order of protection against my husband that has not been served to him yet. If I agree to meet him at the police station parking lot to exchange our daughter, will the judge dismiss the order if my husband later contests it?
  • I went to my acoholic ex-husbands to check on him. He had given me a key. I entered his apartment after calling and leaving messages and knocking. After I entered the apartment I was attacked and beaten. The police came. I never hit him. I end up in the hospital for the night with facial trauma and lacerations to my had with broken glass in it still. The police said I could not file charges on him because I was in his residence. He tried to kill me. What can I do?? I have cut all connections with him and am not answering any of his call to me or his children. I am scared.
  • A TPO was filed on me. The petitioner tried to contact me many times after filing. Sending me texts like "Please cum sleep with me". The judge still extended the order for 12 months. I posted a web site giving an editorial of my experience. The petitioner got a warrant & I was charged with Aggravated Stalking in a different county than the TPO was filed. Can a web site be considered contact?
  • I see a lot of doctrine that establishes the means of acquiring a Protection Order, but I see nothing in regards to the ramifications of filing a false one. So my question is; does filing a false Protection Order, also include immunity from prosecution? Is there any justice for anyone who has been the victim of a system remedy, which has been abused to the point where it has become weapon, rendering it ineffective? Its ironic that a system created to help victims, in turn makes victims. Was that the intended purpose, to deprive fathers of their children and create a plethora problems?
  • 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.
  • Can a phoenix police officer go into a courtroom and serve an order of protection,since the person is already there.
  • what is the meaning of domestic violence, and how many years can you get for this

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