Protection Orders 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

  • When you have someone on Facebook making threats to you about a service you did for them and they didn't like it now they want to threaten you and go to places you're at to hurt you
  • If I try and get a restraining order for my 17 year old daughter against her boyfriend, can she deny it because she is 17 ?
  • Laws against organized community harassment?
  • On a Saturday night me and my ex got in a fight. It was nothing to big i thought. I went to bed and as I did i punched the wall and put a small hole in it. She slept on the couch. The next day i got up and she was not there. I called her to see where she was and she said that she wanted to separate. That was about 5pm on Sunday. We fought over the phone. I called her twice. Then about 8or9 the cops showed up and took my guns. Tuesday night they showed up again and kicked me out of my house and said she got a protection order against me. How is this possible? And it's for a year.
  • I was served with a protection order and had to leave my home. My girlfriend went by the house and noticed my roommate who had me served took my door off its hinges and stole my tools out of my room as well as the shed. What do I do?
  • For an Order of Protection to be filed, does there have to be an incident within the past 12 months or is long pattern of abuse sufficient?
  • What if somebody is harassing me and it is escalating to the point where he's trying to get me fired from my job? I tried to get an injunction against harassment, but the court turned me down. He, however, got an injunction against workplace harassment, and everything he told the court was a verifiable why. If I can't afford an attorney, what do I do when where do I turn? This person has done the same thing to multiple victims in multiple cities. He is also a scam artist with eight aliases. I can't find anyone to help me.
  • What should I do if my ex still calls and texts me after the order of protection has been served? Can I call the police?
  • Is there a law or work on a law regarding couples involved in domestic violence requiring them to seek counseling separately. Or, more specifically, if doing counseling with a couple when domestic violence is apparent, are therapists then required to refer to separate therapists for the individuals of the couple?
  • I was contacted by the Sheriffs dept. and told an Order of Protection was served to me the past April. I was never served any documents or aware of this. How may I get a record (copy) of this service?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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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
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