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

  • Must a petition for dissolution of a non-covenant marriage contain a statement that there has or has not been domestic violence during the marriage?
  • My husband wants custody of his three boys 12,10,8.He has joint legal custody with his ex-wife,butshe has primaryphysical custody but oldest wants to be with dad.She is abusive to the children and CPS are involved they said that they can't do anything about custody.My husband took one boy to sheriff after an incident but even though there was was a case opened and an ivestigation,when the report was sent to the district attourney's office they didn't continue to persue charges.She left a bruise on the boys face but since nothing was done about it what can I do if we can't afford an attourney?
  • My ex is doing this to our son. Where can I get help? The judge doesn't see my side of this and there was significant domestic violence in our marriage. The judge has granted my ex custody and he is a dangerous alcoholic. My daughter, his step daughter is so afraid for her little brother because she knows 1st hand what her step-father is capable of yet the judge won't let her in the court room. My ex is extremely good at conning and manipulating the system and has the judge fooled. I don't know what to do and now I can't even see our son. What can I do?
  • How do I go about renewing my Order of Protection if there haven't been any new incidents of domestic violence?
  • I'm a survivor of domestic violence and sexual assault. It's been four years since the last domestic occurred and I moved to Washington to get away from my abuser with my kids. I am wondering since it has been four years ago if there is anything that I can do now like make a police report or legal action now.
  • I have a PFA against me and there is a third party rule for no contact. If I called the plaintiffs father not to relay a message to the plaintiff but about something else is that a violation of a third party contact?
  • Help! Domestic violence occurred. My husband left me unexpectedly. We have a daughter. I have no income, no car, no phone and now a lease that I can't pay, what are my resources?
  • I havea one-year old son with a man who has broken my arm and has been charged with aggrivated assault. I obtained an op and he has violated it manytimes. He has broken my nose and I filed charges against him for that. He is still not in jail. He has denied any domestic violence in my family law case and is making making false police reports that makes me sound crazy. How do i protect myself and my son from such a person when the county seems happy to go along with what he has been doing to me? Is there anyone who can go to court with me?
  • i have a assault - touching with intent to injur charge and managed to miss my court date wich was on wed.Called today and they issued a warrent misdereanor but also have a 500.00 bond how do i take care of tis without going to jail ?????
  • How do I get help my husbands drinking has got out of control.It's lead to extreme emotional and physical abuse. Want to save my marriage he admits he's an alcoholic. Keeps drinking.We have a son

STORIES

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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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