Protection Orders
Overview There are two types of
Protection Orders: an
Order
of Protection and an Injunction
Against Harassment.
Both types are initiated by filing a Petition.
Court staff will provide the
appropriate petition forms at no charge.
The person filing the Petition
is called the PLAINTIFF. The
person against whom the order is requested is called the DEFENDANT.
There is no fee to file a Petition
for an Order of Protection or an Injunction Prohibiting
Harassment.
The Petition forms are filled
out and given to the Court staff. The
plaintiff will see the judge right after the Petition is filed.
If the judge grants the Petition
and issues an Order of Protection or an Injunction Prohibiting
Harassment, the Order will be effective when the defendant is
served with a copy of the Order. There
are fees to serve the defendant only for Injunctions Prohibiting Harassment
when there was not a dating relationship between the parties.
The
judge may waive or defer these fees.
The Order must be served within
one year of issuance and is valid for one year
from the date the defendant is served a copy of the Order.
Order
of Protection
(ARS § 13-3602)
There are specific criteria which must be met for an Order of
Protection to be issued. For the judge to issue an order, there must be reasonable cause
to believe the defendant has committed or may commit an act of domestic violence.
Domestic Violence
(ARS § 13-3601)An act of domestic violence includes:
- any act which is a dangerous crime against a child under fifteen
- recklessly endangering another person with a substantial risk of imminent death or
physical injury
- threatening or intimidating by word or conduct
- assault and aggravated assault
- custodial interference
- unlawful imprisonment
- kidnapping
- trespass in the first, second, or third degree
- criminal damage
- disorderly conduct
- harassment
- stalking
- interfering with judicial proceedings
- suspicious photographing, videotaping, filming or
digitally recording
- use of telephone terrify, intimidate, threaten, harass,
annoy or offend
- child or vulnerable adult abuse
Relationship of the Parties To obtain an Order of Protection one of the following must apply:
- The relationship between the
victim and the defendant is one of marriage or former marriage or of persons
residing or having resided in the same household.
- The victim and the defendant have a child in common.
- The victim or the defendant is pregnant by the other party.
- The victim is related to the defendant or the defendant's spouse by blood
or court order as a parent, grandparent, child, grandchild, brother or
sister or by marriage as a parent-in-law, grandparent-in-law, step-parent,
step-grandparent, stepchild, step-grandchild, brother-in-law or
sister-in-law.
- The victim is a child who resides or has resided in the same household as
the defendant and is related by blood to a former spouse of the defendant or
to a person who resides or who has resided in the same household as the
defendant.
If one of these five
relationships do not apply to your circumstances then an Injunction
Prohibiting Harassment may be appropriate.
Third Party Request If a person is either temporarily or permanently unable to personally request an order,
a third party may make the request on behalf of the plaintiff.
Where to file Any person may file a
Petition in any Justice Court, Municipal Court or Superior Court
in the state. Court staff will provide assistance and provide the
appropriate form for filing the Petition
for an Order of Protection. There is no fee for the forms or
for filing the Petition.
If there is an action for maternity, paternity,
annulment, legal separation or dissolution of marriage pending
between the parties, The Petition must be filed in the
Superior
Court
Possible Orders If
the judge issues an Order of Protection, the judge may order:
-
the defendant to not commit an act
of domestic violence;
-
one party the use and exclusive
possession of the parties’ residence;
-
the defendant to not contact the
plaintiff or other designated persons;
-
the defendant to not go
near the residence, place of employment or school of the plaintiff or
other designated persons;
-
the defendant to not
possess or purchase a firearm for the duration of the order;
-
relief necessary for the
protection of the plaintiff and other designated persons.
Emergency Orders If an emergency exists and an Order of
Protection is required during hours the court is closed, contact the local
police department.
Injunction
Against Harassment (ARS §12-1809)
There are specific criteria which must be met for an
Injunction Against Harassment to be issued. For the judge to issue an
order, there must be evidence of harassment during the past year or that
irreparable harm to the plaintiff would result if the order is not issued.
Definition of Harassment Harassment
is defined as:
A series of acts over any period of time that is
directed at a specific person and that would cause a reasonable person to
be seriously alarmed, annoyed or harassed and the conduct in fact
seriously alarms, annoys and harasses the person and serves no legitimate
purpose.
Third Party If a person is either temporarily or permanently unable to personally request an
Injunction, a third party may make the request on behalf of the plaintiff.
Where to file Any person may file a petition in any Justice Court, Municipal Court or Superior Court
in the state. Court staff will provide assistance and provide the
appropriate form for filing the Petition
for an Injunction Against Harassment. There is no fee for the forms or
to file the Petition.
Possible Orders If
the judge issues an Injunction Prohibiting Harassment, the judge may order:
-
the defendant to not commit an act
of harassment;
-
the defendant to not contact the
plaintiff or other designated persons;
-
the defendant to not go near
the residence, place of employment or school of the plaintiff or other
designated persons;
-
relief necessary for the protection
of the plaintiff and other designated persons.
Effective
Date of
the Order / Injunction
When Is It Effective? The Order is effective only after a copy of the order has been served on the defendant.
How Long Is It Effective? An Order expires,
one year from the date the defendant is served with a copy of the order.
An Order must be served within one year from the date it is issued. If
the order is not served within one year from the date the order is issued,
the order expires and cannot be served.
Modified Order
If the original Order is modified, the Order as modified is effective
upon service and expires one year from the date the original order was
served.
Service
Information you provide on the
process
server information sheet is used by the person who is serving the
defendant with a copy of the order.
Service of the Protection Order must be completed by a licensed process
server or law enforcement agency. There is no charge by law enforcement agencies
to serve Orders of Protection. There is no charge by law enforcement agencies to
serve Injunctions Prohibiting Harassment when the Court has found that a dating
relationship existed.
There is a fee to serve Injunctions Prohibiting Harassment when no dating
relationship existed. The Court may waive or defer this fee.
Request
a Hearing The defendant is entitled to request a hearing on the order.
Hearings are held within ten days of the request. If exclusive use of the home is included in the Order of Protection, the hearing will
be held within five days of the request.
At the conclusion of the
hearing, the judge will decide whether the order will remain in effect, be
modified, or vacated.
Violation
of the
Order / InjunctionA peace officer may arrest a person for disobeying or resisting an Order of Protection
or an Injunction Prohibiting Harassment.
Forms
for Protection Orders Court staff
will provide the petition form free of charge at the Court, or you can download and print
a copy below.
The address and process server information sheets
need to be completed in addition to the petition.
All forms are included in the petition packet.
Petition
Packet for Protective Order
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