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
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I was charged with(DV) but my ex-spouse called the district attorneys office and told them that I never hurt her or had physical contact with her... I keep telling the courts "why am i being charged with a crime if there's no victim, & the so-called victim called the DA's office to inform them about that there was no assult... I do have a very bad pass record but in none of my passed have i ever had a DV on my record... Could use some advice on this matter... Thank you for your imput....
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My husband is in prison for one year for hurting me. I also have a 5 year restraining order against him. Will I be able to get a divorce from him when he is in jail and has a RO.
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what are the charges for assault intetional/reckelessly injure
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what can I do to help my girlfriend her ex husband is slapping her around and hitting her
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I co-own a house with my fiance. He was abusive, and I ended up having to get an order of protection against him. Is there a way I can get him to "sell or release" his half of the property?
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My aunt just got guardian ship of me. My father that adopted me still has custody of my aunt and I are constantly fighting she threatens to send me back to him. Now that I am 16 can move out of my aunt's house and move back in with my biological father that is her brother?
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I was arrested for domestic violence but my case got dismissed. Can I get the arrest off of my record?
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How can an Injunction or Order of Protection be served if the person harrassing me does not have a specific address, but moves from one house to another (and those addresses are not known to me)?
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My husband is a insecure controlling emotionally and verbally abusive towards me and his crazy mom. He is an electrician and was only working 6 months a year to get a $6500 tax refund which he would spend on his stuff and buys the kids, under age 10 expensive electronics to keep them happy. He doesn't buy me ---- anymore for the last 5 years. He's telling me that since I'm an unfit mom, take care of kids 24/7 and his mom while to works in Contra Costa County 5 or 6 days a week. Rents a room with relatives $400 a month. His mom pays the $500 rent here from her SSI CK
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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?
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