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

  • My ex wife filed for an order of protection from me, stating that I had committed acts of domestic violence against her and my children. She filed for it on Sept. 11, 2019 and said that the domestic violence had taken place within the past year. I had been 1500 miles away in the state of WA since 12/27/2017. Had not stepped foot in the state of AZ for almost two years. I have NEVER harmed my ex, nor our children, I have never made threats to hurt them, I don't even spank my children. This has torn my life apart. Is there any legal recourse for her lying, and keeping me from our kids?
  • 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.
  • My ex is pregnant and we have tried but cannot get along I have asked her to leave she will not. She does not work nor has she the entire time we have been together. We do not own any property or rent a apartment or home together. I have a travel trailler I just purchased and found a cheap yard to store it and live in temporarily only two weeks ago. We have tried well given a chance to say the least. I tried for the sake of new coming baby. Her violence and abuse threatening and destroying my property ruining my work equipment and vehicle. She has been arrested one time already for violence.
  • 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 live in TX. My daughter and her mother moved to AZ 2 years ago. I paid support and maintained telephonic contact. During this time, unknown to me, the mother became a heroine addict and gave temporary custody to the grandmother. When I was informed of the situation, I attempted to gain custody of my daughter and the grandmother, who worked for Pima Co. Superior Court, filed for permanent custody. With our court date set for Nov 4th and my plane and hotel paid, the court calls me and says they changed the date. Is that even legal with less than 24 hours notice? Do I have any recourse?
  • I have called sheriff 4 times now on ex wife I'm the victim and she has stole my meds from cvs and my identity and my daughter identity too she filed my taxes got refund and spent it then she got stimulus money too she filed my unemployment and was try to keep my unemployment money what can I sue police dept ? I feel because I'm a guy it's ok for her to assault me?
  • what can I do to help my girlfriend her ex husband is slapping her around and hitting her
  • My childrens dad violent streek is getting worse. I want 5o end it with him without involving the police and my childre, need some advise please help..
  • 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
  • after being arrested about 10 years ago, the attorneys office denied the case from the arresting department due to lack of evidence. Charges were never filed with the state, however the arrest record still has to be researched with every background check. is there a way to have this removed from public record since there was never even a case or conviction?

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FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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