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 childrens dad violent streek is getting worse. I want 5o end it with him without involving the police and my childre, need some advise please help..
  • Can my children's father get a restraining order against me keeping me from my children after he lost all parental rights in court after he failed to comply with dcfs the state gave me custody and terminated his but I allowed him back in their lives now he says he has a restraining order is that possible?
  • If an order of protection was placed, does it show addresses, names, and phone numbers to the person being served?
  • My daughter conceived out of wedlock. Lived together the entire pregnancy, & was there for her birth. No doubt that I am biological father, however, my mother advised me not to sign the birth certificate & I didn't sadly. Baby was 14 months old when my EX developed drug & alcohol problem. As a result to this she was arrested & charged with domestic violence. A month after, she decided to move move with my baby from Phx to PineTop, AZ & has kept my her from me. Baby is 3yrs old now & her mom decided to move to CA. How can I get rights as a father? Can I get shared custody? Help Please!
  • 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)?
  • So my daughters father and i where together when she was born naturally i gave her his last name. On Septemeber 29, 2015 he was arrested and charged with his 3rd domestic. There's a 2 year order of protection in place he gets visitation within that op. Due to all this id like to not change but at least hyphenate her last name can i do this?
  • I was charged with an Assault 3 months ago. Will it ever be taken off of my record?
  • where I do I take domestic violence classes in Prescott Arizona ???and how much do they cost
  • In Arizona when can a legally married man(woman) be charged with rape of his/her spouse?
  • My husband recently took a plea agreement and though he was signing for disorderly conduct. Once we got the paperwork home it indicates that it is domestic violence. There is also several other items on the form that were not told by us by the prosecutor. Can we appeal? Both "victims" in this case were trying to call an ambulance, not the police. They have both written letters stating that they were never in any danger and told the police that evening when they came. Also, the defendant signed the plea just hours after leaving the hospital.We feel duped into taking this plea.

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FIND LEGAL HELP

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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
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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