Domestic Violence 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
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I am the guardian of my 2 grandchildren (their mother is my oldest daughter) she had been in a domestic violence situation with the kids dad (he is in prison until July 2016) she lives with friends, no job, possible drugs. He does drugs and has a new girlfriend pregnant. I do not want either of them to obtain children EVER. What can I do to protect the kids and myself since Arizona tends to want to reunite children and parents. This is not a good idea with either of the biological parents. I love them to much to have them suffer. Guardian since 2010, they are age 9 and 6. suggestions?
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My ex- fiancée and I have joint custody(decision making). Last year March17, 2014, she was arrested for domestic violence( class 6 undesignated felony), ( discharging a firearm at her boyfriend),and received supervised probation, 3 yrs. In June of 2015, she was once again arrested for violation of probation and placed on IPS and extensive probation till 2017. Because Mother is violent and has potential to cause emotional and physical distress to my 5 yr. old daughter, do I have legal right as her father to file for sole custody and decision maker? Currently we have equal parenting time.
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My name is Ana, I have 3 children and my ex the father of my 2 younger girls his new girlfriend harassed me in a public parking lot, in front of my 3 children age (5 6,9) will i have to call cps ? Already doing an order of protection. His girlfriend punched me bout 10 times in my head with my children being there. The father was not there, but they both live together. If i placed an order of protection how will that work if my ex the father lives with her? I'm at a total loss.
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My question is if a protective orders put on a person when I personally did not commit a family violence and that's what the protective orders under happiness protective order be turned over and work with that person had to do to get it returned over and what kind of attorney with that person need if they can afford and trying to get a protective order turned over due to the fact that they did not do anything wrong and I have proof of it
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I am roommates with someone he has assaulted me I am going to get a restraing order,what I would like to know who has to move out of the home we share?
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What do I need to do to change one of my daughters last name. My domestic partner is not the biological father but he has been there with my daughter and i since about 3 months into my pregnancy. My daughter currently has my last name but both my partner and i want to change her last name to his. Her biological father isnt in the birth certificate nor in her life. And she is 1. What are the steps to change her last name?
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Our nephew from Denver has been ordered to take domestic violence classes. He is going to ask the court if he can come out here for a visit for a month, and he would like to continue his domestic violence classes out here while he is here. Is this possible if he gets permission from the courts in Denver?
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I call the cops on my boyfriend and I lied to them saying that my boyfriend hit me and he did not he is now in jail how do I correct this. It all started because he brought some female car to our house to do oil change. I started the argument and the fight I threw chair at him he blocked it where it came back and hit me in arm.
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what do i do if my friends father and brother is fisicaly hurting her and her boyfriend every day. ( thay have marks on ther body every time i see them and i guess the police are not doing anything for her or her boyfriend.they have ben called numerious times for a variety of violent crimes and absouluty nothing has ben dun. fro,m what im being told. is this possible
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I just found out that my son is on two restraining orders against each other how do i fix this mibe was filed FIRST
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