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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We just found out that my sister-in-law is being physically abused by her new husband. She refuses to call the police because he says he will kill her and her family. Can we call the police and what is the likelihood he will be arrested, held and for how long? She fears he will be worse when he is released.
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I beat up an 18 year old and I'm 15, she's pressing charges what will happen to me?
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I have a order of protection on my ex, he isn't supposed to contact me, and my address and stuff is protected. My question is, is he violating the order by going and harassing my family trying to get my address? He's telling them he needs my address, they know not to give it to him, do I file a report?
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If an order of protection was placed, does it show addresses, names, and phone numbers to the person being served?
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Recently, I have been put under a the protection of a restraining order with out my consent. It lasts one year and I do not wish to remain under it for that long. I'm going to turn 18 in a few months. Is it possible to take the protection of the restraining order off of me when I turn 18?
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If you are under a deferred adjudication on domestic violence charges are you still allowed to purchase a firearm. Went to court was put on a "deferred sentencing" which stated charges would be dropped after I completed program. Was never told to relinquish my current firearms and was never told that I could not purchase any. Just curious of your thoughts. Thanks You
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I call the cops on my boyfriend and I lied to them saying that my boyfriend hit me and he did not he is now in jail how do I correct this. It all started because he brought some female car to our house to do oil change. I started the argument and the fight I threw chair at him he blocked it where it came back and hit me in arm.
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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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If I have an order of protection and my ex- husband and or wife wants to live near by so that our child could walk to his mothers our father's house, what are the laws for this , I asked the judge, and he said that in the order of protection they no longer state a specific distance however the judge advised me to seek legal advice.
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I have a 3 year old son and his father and i are separated for a year and 5 months. I also have a domestic abuse protection order against my son's father, my question is.. can I apply for child support with no visitation? and also do I still have to face him in court for child support?
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