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 husband and my daughter (his stepdaughter) were in an argument and my daughter slapped my husband in the face. My husband called the police and now wants to get a restraining order. My daughter was in the wrong by getting physical but I also don't think a restraining order is needed. Where does that leave me. My daughter can never come to our house again.
  • Me and my ex-spouse has joint custody, recently I move and have not reported to the court. Im scared to let him know my new residents due to the threats that I recieve by text and answering machine I decided to get a training order is there anything that I need to know addiction to this order?
  • my wife and i were both charged with domestic violence and both got 3 years probation. We are currently getting divorced and are wondering if at the termination of our probation can we get this charge expunged from our records?
  • Hi my name is Alycia Lee Bock I am very interested in getting involved in helping victims of domestic violence I suffered for 15 plus years and my goal is to share my story to help others can you give me information how I can get involved in my community thank
  • My name is Ana, I have 3 children and my ex the father of my 2 younger girls his new girlfriend harassed me in a public parking lot, in front of my 3 children age (5 6,9) will i have to call cps ? Already doing an order of protection. His girlfriend punched me bout 10 times in my head with my children being there. The father was not there, but they both live together. If i placed an order of protection how will that work if my ex the father lives with her? I'm at a total loss.
  • how do you make police make an arrest when the court order has been violated and what can i do if the refuse?
  • My ex emailed me what appears to be a protective order against me from over a week ago but I was never served. What do I di?
  • I am the guardian of my 2 grandchildren (their mother is my oldest daughter) she had been in a domestic violence situation with the kids dad (he is in prison until July 2016) she lives with friends, no job, possible drugs. He does drugs and has a new girlfriend pregnant. I do not want either of them to obtain children EVER. What can I do to protect the kids and myself since Arizona tends to want to reunite children and parents. This is not a good idea with either of the biological parents. I love them to much to have them suffer. Guardian since 2010, they are age 9 and 6. suggestions?
  • If someone was convicted of domestic violence 3 years ago, can they by any way file any motions to get the fines reduced by the court? or file for any motions to set aside the conviction?
  • Our nephew from Denver has been ordered to take domestic violence classes. He is going to ask the court if he can come out here for a visit for a month, and he would like to continue his domestic violence classes out here while he is here. Is this possible if he gets permission from the courts in Denver?

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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
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