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

  • Injunction against harassment with "no contact" but both parties are in the same school and same classes together. How is the defendant to avoid contact? Is he required to change schools?
  • My husband and my daughter (his stepdaughter) were in an argument and my daughter slapped my husband in the face. My husband called the police and now wants to get a restraining order. My daughter was in the wrong by getting physical but I also don't think a restraining order is needed. Where does that leave me. My daughter can never come to our house again.
  • I want to get my stuff from my ex boyfriends house but he won't let me can the police help me?
  • I can't afford an attorney even through the modest means program & no one is willing to help me pro bono. I filed for divorce from my abusive husband & we reached a settlement agreement on 4/28/16. But he continues to use the judicial system to make false accusations against me & keep me in court. How can I stop this harassment, and why won't any attorneys help me pro bono? So many claim to be DV advocates but no one is advocating for me & my daugher.
  • My ex is pregnant and we have tried but cannot get along I have asked her to leave she will not. She does not work nor has she the entire time we have been together. We do not own any property or rent a apartment or home together. I have a travel trailler I just purchased and found a cheap yard to store it and live in temporarily only two weeks ago. We have tried well given a chance to say the least. I tried for the sake of new coming baby. Her violence and abuse threatening and destroying my property ruining my work equipment and vehicle. She has been arrested one time already for violence.
  • My Brother is a 32 combat veteran of the 5th Special forces group. He was arrested yesterday for aggravated assault. He is heavily medicated due to injuries and may be a threat to his family. His wife called me yesterday asking me to help but I do not know what I can do. Can some one offer me some advice on what, as his brother, I can do?
  • Can my children's father get a restraining order against me keeping me from my children after he lost all parental rights in court after he failed to comply with dcfs the state gave me custody and terminated his but I allowed him back in their lives now he says he has a restraining order is that possible?
  • If a relative has lived in your home for than a year and domedtic violence was involved, do i have to give her notice before I get rid of her belongings
  • can i get acches covered domestic violence glasses ?
  • If I dont show up to court when he fights to have it dismissed will it be dismissed and will it show up on a back ground check that this ever happened to him.

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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