Domestic Violence

questions & answers

Question: If a mother puts a restraining order against her sons girlfriend 4 months before he turns 18 and he doesn't want one put on her can he get it dismissed when he turns 18?

Answer: If the Defendant disagrees with the Order of Protection, he/she has the right to request a hearing which will be held within 5 to 10 business days after a written request has been filed in the court that issued the order.

 To request a hearing on an Order of Protection, the Defendant must go to one of the Protective Order Centers to complete a Request for Hearing form. A hearing date will be set and the plaintiff will be notified of the hearing.

 If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/DomesticViolence/dv_group_2.asp. You must follow the instructions set forth in the Procedures.

A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. Only a judge can dismiss or quash an Order of Protection.

 To file a motion to dismiss or quash an Order of Protection, you must go to one of the Protective Order Centers to complete a motion. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. You will be required to appear before a judge and explain why you want to dismiss the order. Please allow at least two hours for the entire process.