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.”
Comments:
QUESTIONS
-
I live with my ex girlfriend. It has become turbulent. The past year plus she has physically/verbally/objects thrown at me/harassing email-text/threats on my life-police-suing me etc. This is a daily event. I have been told by family to file a PFA. She has no car and we dont know anybody here(From out of state). I work at home and pay 99% of the bills. Along with all the above issues my business is is also affected affected(I am forced out of the apartment almost daily). I am concerned that if I get a PFA they will ask me to leave because I have a car(she does not)--now what?-plus im a guy?
-
well before my wife put a restrain order i cannot see ans i know i have to turn in any fires arms but i bought a katana online its on its so do i have to tirn that in too and is it even legal to have one on pheonix arizona?
-
What if somebody is harassing me and it is escalating to the point where he's trying to get me fired from my job? I tried to get an injunction against harassment, but the court turned me down. He, however, got an injunction against workplace harassment, and everything he told the court was a verifiable why. If I can't afford an attorney, what do I do when where do I turn? This person has done the same thing to multiple victims in multiple cities. He is also a scam artist with eight aliases. I can't find anyone to help me.
-
How long do i have to get an order of protection served once it has been filed?
-
Buy Kamagra Online at Lowest Price
-
I have a order of protection against my ex but he continues to stalk me and text me. What can I do about this? He has also placed a tracker on my car, recorded audio and video of me without my knowledge, tried to break into my apt, he is threatening me and won't leave me alone. I don't know what to do anymore. I have saved every email/text/voicemail his sent me. I need advice as to what I'm suppose to do. Also he has no address so there is nowhere to send the cops to.
-
My ex-boyfriend was arrested in 2014 & sentenced to 4.5 year. I ended the relationship shortly afterward for many reasons including physical & mental abuse. He threatened me if I ever left him & tried to kill me twice. After his arrest, I became homeless & all of our belongings were lost. I have since met someone else & have gotten married. I wrote my ex in prison to let him know his belongings were gone & that I had gotten married & not to come looking for me or his things upon his release. I am afraid he will come after me.Is it possible to get an Order of Protection prior to his release?
-
We have a friend on our lease after 8 months of paying 0.00$ towards any bills her and her boyfriend moved out. Can we file a restraining order against them to keep them away from us our children and our home?
-
Would I be able to get visitation of my two children if they live in a diffrent city? They live with there grandparents and there mother live in the same city I live in.
Where Can I Buy Ambien (Zolpidem) Online at Lowest Price?
-
I was servd an order of protection from an exlover who i was in a long term gay relatinship with. since being served he has contacted me via e mail and phone several times. In addition he has visited me in my home, came over for intimate visits, etc. Is he legally allowed to do this being that he was he one who originated thee order?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
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
ORGANIZATIONS
- Southern Arizona Legal Aid, Inc. - Nogales - Santa Cruz County
View full description - Southern Arizona Legal Aid, Inc.
View full description - Four Rivers Indian Legal Services - Maricopa, Pinal, Yavapai and Yuma Counties
View full description - Tobacco Control Alliance
View full description - Catholic Charities - West Valley
View full description
Documents
RELATED ARTICLES
Things You Should Know about Protective Orders
Domestic Violence Survivor's Guide
County Resources for Domestice Violence Victims
Where to Find an Attorney for Specific Legal Advice
Domestic Violence Resource Guide - DNA People's Legal Services
Protective Order Center - How to Obtain an Order of Protection from the Court
Injunctions Against Harassment