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 parents kept seeing maks on my body assuming it was from being beat when really it was from aggressive sexual activities with my fiancé. Even though I told them it wasn't abuse I was embarrassed and afraid to tell them otherwise, so when they filed a report against my fiancé stating that he was hurting me and after I begged them not to do so they made it seem like they had already picked him up and took him in so when I spoke to the officer I was extremely distraught and went along with it anyways. He faces a hearing is there anyway I can stop this from happening,
  • Help! Domestic violence occurred. My husband left me unexpectedly. We have a daughter. I have no income, no car, no phone and now a lease that I can't pay, what are my resources?
  • my ex and i have court appointed parenting time in family court. my ex keeps bringing her boyfriend around me during these exchanges and i have an OOP against him for threatening my life. my biggest question is i know he is violating law by doing that and can be arrested but is she in violation of some law in arizona by allowing it? FYI she has known about the OOP since it was issued and she helped fight it for him in court so "i didn't know about it" doesn't apply in this situation. im in fear that my ex is attempting to cause an issue by having him around when we exchange our children
  • What haplens if you get pregnant with a person tgat you have a restraining order on while tge restraining order is still up
  • I and my daughter have not seen my husband in 5 years. She is 6. He was abusive but never arrested because he was good at abusing without leaving marks and lying. He has taken steps to hide his whereabouts and stated that if he had to pay child support he would take custody. I have been with my current fiancé for about 3 years and he would like to adopt her. Can he do that before the divorce?
  • I am an immigrant on a work visa. I got married to a US citizen a month ago. He abuses me physically and emotionally.I am scared about deportation, if I take any legal action.
  • Can I get an order of protection against my husband for verbally and emotionally abusing me and our teen daughter? There is no act of physical violence, but there was a reported act if violence five years ago. Although I don't have any fears if him hurting us physically there is almost daily verbal abuse, yelling, name calling, etc.
  • My son is abt to be 4 years old. He has my last name because while I was pregnant his father was abusive physical & emotionally hurting me , he was also abusing drugs and dealing drugs . He was putting too much stress on me I wanted him as far away from me as possible it wasn't good for my pregnancy . When I had my son only my last name was given . His dad & I try working it out but throught out time he was still being abusive , doing drugs getting d.u.i going to jail . Cheating on me I had enough . I met a wonderful man that I fell in love with as soon as I moved on my sons father broke into my apartment & vandalized 3000 worth of my things .. I don't get a penny from the guy . Now he has a black on blank Benz . He has a Bently he has a monster truck . He has a motor cycle hardly Davidson & dune buggy while I'm struggling with my son to get by . My boyfriend was supporting us him & I are no longer together . How can I get child support from the guy without him getting any legal right
  • how can I find out if an order of protection was served?
  • 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.

STORIES

  • Age discrimination in the workplace. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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  • 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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