Protection Orders 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.”

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  • My ex-wife took out a protection order against my 17 year old daughter's boyfriend back in March 2011. My daughter did not wish for this but could not stop her mother. Now my daughter is 18 years old and wants to be removed from the protection order. Can she do this in a simple manner? Or does she have to hire a lawyer and go to court?
  • When you have someone on Facebook making threats to you about a service you did for them and they didn't like it now they want to threaten you and go to places you're at to hurt you
  • 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?
  • If someone is contesting a protection order for reasons not even listed on the form i filled out to get the order can it be overturned ?
  • A friend told my ex that I have been advised to get a RO against him. He retaliated by getting a false one against me- before I could  on against him. Its been 6months now, but I want to contest this and also get him one cos he is still going around asking people of my whereabout.I'm scared of this man and his terrible anger.pls what do I do? I can't afford an attorney at all. Where do I start? Is there a lawyer who can represent a domestic violence victim for free or future payment?
  • My ex boyfriend put a restraining order against me so I couldn't get my things from his apt. separated after restraining order for a few weeks he has made contact with me the whole time (calls to myself and friends and family, text, showing up where I moved to). He also threaten to show up somewhere I am and calling the police. At this point I'm the one being harrassed. How can I go about doing something legally to either get restraining order removed and placing one on him or protect myself against restraining order
  • what is the meaning of domestic violence, and how many years can you get for this
  • I got an order of protection, got it served and later was told by a judge to take our daughter off of it. The amended order ain't been served so is the original still in effect or how does this work?

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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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