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

  • I'm in a verbally and mentally abusive relationship and want to know. I have a friend that i have had for years that i would like to have over to my home and my husband won't allow me to have friends . If my friend comes to see me does she have to leave if my husband says so even though i want her here?
  • Is therea statute to limititations toproviding evidence,specifically witness testimony(several)of eye witness observation of thedomestic violence perpetrator ?Specifically incidents happened about 3 years ago . One party (With the witness testimonies) has consistently voiced the occurence ofdomestic violence in court hearings regarding child custody cases . While the other party has consistently denied it . Concerns have been reviewed and the perpetrator has managed to elude all agencies of thisproblem ( which is now goingonwith his new live in partner in front of the children(not the witness
  • My husband was arrested for domestic violence. Do I have to let him stay in our shared home?
  • 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.
  • I am currently trying to find an organization or agency to help a victim of domestic violence move her belongings from Glendale, AZ. to Peoria AZ. Is there an organization the can help?
  • im 16 and after my dad tried to kill me i now my mom who has full custody of me. i dont want to live here anymore i have to share a room with two other people, my mom drinks, and here boyfriend verbally abuses my little sisters. i would like to live with my aunt who lives in another state to have full custody of me without being emancipated, anyway i could do that?
  • I have had my brother in law and his wife here at my residence that I am renting for seven months. They were told repeated times to start paying a specific amount of money a month and ignored my requests. They chose not to sign a written agreement and still refuse to pay. They are not on the lease either. I want to know if I have grounds to give them a 5 or 30 day notice to vacate. And if I can mail it, as they are staying with someone else for a couple months, or if I have to hand it to them personally. Thank you
  • okay so i had a d.v. charge about 15 years ago did the classes and just recently recieved my level 1 fingerprint clearance am i legal to carry a firearm
  • My husband is a insecure controlling emotionally and verbally abusive towards me and his crazy mom. He is an electrician and was only working 6 months a year to get a $6500 tax refund which he would spend on his stuff and buys the kids, under age 10 expensive electronics to keep them happy. He doesn't buy me ---- anymore for the last 5 years. He's telling me that since I'm an unfit mom, take care of kids 24/7 and his mom while to works in Contra Costa County 5 or 6 days a week. Rents a room with relatives $400 a month. His mom pays the $500 rent here from her SSI CK
  • Can he still pick up my kids from school even tho I have a protective order

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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

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