Order of ProtectionWhat 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.
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.
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.”
if I’m getting a restraining order against my roommate and she goes to get one before me on false terms because I’m getting one. Will the judge serve me with hers while i am in court trying to get mine? We have an apartment together and i think she is doing it to Get off of our lease.
I WAS WIT M EX 4 10YRS. IN 2006 HE BEAT PRETTY BAD, IN FRONT OF OUR KIDS. I WENT 2 THE HOSPITAL N HE TOOK OFF WITH THE KIDS. HE TOOK IT 2 TRIAL. HE WAS FACING 11-15YRS IN PRISON 4 ASSAULT WIT DEADLY WEAPON FELONY BECUZ IT WAS REPEATED CHARGE, 2 COUNTS OF ENDANGERMENT, N 2 COUNTS OF CUSTODIAL INTERFERENCE. I WAS SUPPOSE 2 TSTIFY IN COURT BUT DIDNT CUZ I WAS 2 SCARED. SO IT WAS DISMISSED. NOW THAT IM NOT SCARED ANYMORE N HAVE BEEN AWAY FROM HIM FOR 3YRS. CAN IT BE BROUGHT BACK UP. CAN HE BE CHARGED NOW. HOW DO I FIND OUT?
Can he still pick up my kids from school even tho I have a protective order
I am the petitioner of a protective order and the defendant has not been served yet. Our court date is next week. What is gonna happen? Will they dismiss it or continue it.
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?
Can I put a restraining order on my wife for myself and our three children? We are in the middle of a divorce and the kids live with me, I take care of them, she hardly calls or comes to see them but everytime I don't give her money she threatens to take them and remove them from school while I'm at work? I need an order of protection to keep her away until the court hearing. Can I do this?
I have shared custody with ex husband (divorced 2005) with our 16 year old. He has had residential custody since 2011. He was abusive to our now 24 year old and has repeated physical and mental abuse with our 16 yr old. I can't afford legal counsel and live in a different state. What can be done from my current state of residence to obtain physical custody asap. The State Agency and police officers prior have stated that it's just discipline. What 200 lb man needs to choke, hold down on floor with knee in chest to discipline a less than 130 lb girl? Very smart. Honor roll student.
My baby father of two kids and now one on the way which will make three and i got our children unwilling tooken aaway and place in my mother custody almost three years ago beacuase we were young and dumb and gotten into a domestic violence dispute we didnt have thingthings etablished like we needed to i willing signed my rights to my mother but my baby father didnt nnw that we have had a stable income no domestic violence disputes for going on three years and have a safe and stable living environment with a home we have shared and have had stable housing dor almost two yrs can we get them back
Quash: The judicial officer stops the Order of Protection or Injunction Against Harassment. Note: Nothing the plaintiff does can stop, change or undo the order. what does this mean. I want to quash an OP that I have against a person. I've decided the emergency is over and don't want to wait for 1 year to expire. What are the consequences to me or the defendant?
Can a phoenix police officer go into a courtroom and serve an order of protection,since the person is already there.
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program