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 just found out I have a protective order filed against me that says it has been served I have never been served what do I do
  • 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?
  • My boyfriend's ex has a restraining order against him. She is constantly contacting me only to get information on him. Is she violating her own restraining order by contacting me just to find out about him?
  • 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?
  • 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 ?
  • I have a court order for parenting time that my Ex is not complying with. We have a court date set for the end of February. But today I was served with an order of protection but I have never threatened any harm. Can she use this order of protection to keep my kids from me? Or will she have to comply with the existing court ordered parenting time unless a judge approves modifications to it?
  • How long do you have to reply to a order of protection when it is served on you.
  • my live in boyfriend of three years was removed from my home which i own with pfa order. if the pfa is overturned at the hearing will he be able to move back in. he has threatened my life in the past.
  • For an Order of Protection to be filed, does there have to be an incident within the past 12 months or is long pattern of abuse sufficient?
  • Was an orderof protectionserved properly thepolice cameto mydoormyfatheransrwedthedoormy dadcalledme tothe doorthedoorwasopen Irefusedpapers policeofficrs threw them into my dadshome Inever touched thepapers isitvalid?

STORIES

LegalLEARN

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

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