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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what are the circumstances that cause a domestic violence to become a felony
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My wife kicked me out by threatening to call the cops on me and tell them im violent. I left because she was the one slapping me. How do I get my items? Do I still have to pay rent due on 5th? Kicked out on the 1st.
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What ramifications can occur if both plaintiff and defendant want to drop the Protection Order and disobeyed the order by getting back together. They are married.
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I went to jail on domestics volince charges and took a ple bargen idident understand what was going on im mental ill what do i do
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Hello, my parents marriage is negatively evolving..it is evolving drastically. A couple of days ago my stepdad pulled a gun on my mom in front of my younger brother. My younger brother explained this event to me and older sister. He also stated that he had to intervene between my parents. I am very worried for my mother, but I do not know where to start helping legally and fast.
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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.
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In 2005, my wife at the time called the police said I threatened her. County sheriffs arrested me. She admitted it was a lie. Now almost ten years later I'm in another state, put in for a concealed weapons license and it showed up and I was denied. Was told I could try again in a year. My question, even though not charged can this be removed easy? Note back then I even had a ccw in az.
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I recently went through a child custody hearing. In the judges ruling, he claimed that I was convicted of Domestic Violence and that I was abusing te legal system by reporting Domestic violence by my ex. I have never been charged but my ex has been 12 times with 5 convictions and 5 other charges dismissed as part of plea agreements. Do I have any recourse against the judge?
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I moved back to my paid off house after 2 years away from an extremely violent crack addict. He has now forced his way back into my home because he is a freeloader and wants to live withowut paying a single bill. When I tell him to leave he says FU, make me. He believes that he owns everything I have and takes my car 24/7 so I have no way out. When I attempt to do anything he destroys my things or steals them and pawns them. If I do anything at all to call for help he destroys my phone and beats me up and threatens to destroy my house. He is the biggest fake but noone believes me. HELP
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I was arrested in 2013 for disorderly conduct per DV and was released the next day. I received a deferred prosecution for 6 months with no fine. The charges are now dismissed. Do I still have wait 5 years to expunge my record to work at a school? I was told by a co-worker who is a Lieutenant of the police department, that any DV charge has to be expunged before being able to work around children.
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