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

  • How long do you have to reply to a order of protection when it is served on you.
  • if someone has filed an harrassment against myself and they very specifically demanded that i am not allowed at the community pool in the same apt. complex and i was at the pool first then she comes to the pool herself and stays has she herself violated her own order and does said protection become null and void alltogether
  • Should I seek counsel in a case where I ihave a protective order and defendant filed an answer with a lawyer?
  • can a parent file a injunction against harassment against his daughters boyfriend if the daughter does not want it and if the boyfriend did not do anything
  • If someone puts an order of protection or a restraining order against me, it is good for 1 year from service. But how long after does it stay on my personal file.
  • 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 should I do if my ex still calls and texts me after the order of protection has been served? Can I call the police?
  • I have a neighbor that is taking my picture everyday because I turn around in front of their house to go down my street because it dead-ends so there's only one way out they have threatened me called me names and state their willing to lie about things and spend thousands of dollars to prove a point. They do not want me to turn around in front of their house but it is a city street. They have threatened me with a protection order stating that I am a threat to them. Can I file a protection order against them for the verbal abuse harassment and invasion of privacy when they take my picture daily
  • I recently had to get an Injunction Against Harassment against someone. They set a court date to contest it. I went to court, but the defendant never showed up. The Injunction is still in place. Can the defendant ask for another court date or legally contest it again. They were notified of the court date, since they requested it, so the court labeled them as "did not appear and had notification of the hearing date and time". This has been a very stressful ordeal. I want to know if I can breathe again or if I can expect to have to go to court again if the defendant requests it.
  • Me and my ex-spouse has joint custody, recently I move and have not reported to the court. Im scared to let him know my new residents due to the threats that I recieve by text and answering machine I decided to get a training order is there anything that I need to know addiction to this order?

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  • State Bar of Arizona
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