Domestic Violence

questions & answers

Question: I am the petitioner of a protective order and the defendant has not been served yet. Our court date is next week. What is gonna happen? Will they dismiss it or continue it.

Answer: Only law enforcement officers or registered process servers can serve an Order of Protection. Orders of Protection are not valid until served on the defendant. The Order of Protection must be served within one year of being issued. After it is served, it is valid for one year. If the Order of Protection has not been served yet, it is important to keep a copy of the order with you so that you can give it to law enforcement officials if the defendant comes near you. If the defendant disagrees with the Order of Protection he/she can request a hearing to dispute the order of protection. Only a judge can decide whether to dismiss an order of protection. The judge will make a determination of whether to dismiss the order or issue a final order, based on evidence provided by both parties. For more information please go to: https://www.superiorcourt.maricopa.gov/SuperiorCourt/ProtectiveOrderCenter