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Protective Orders
A Protective Order can keep you safe. However, an order is only one part of
staying safe and may not be the safest option in every situation. If you have
questions about other options to stay safe call:
The Arizona Coalition Against Domestic Violence
602-279-2900 or 800-782-6400
IF YOU ARE IN IMMEDIATE DANGER CALL 911
To Start ->
Choose (below) which Protective Order fits your situation:
1.
ORDER
OF PROTECTION: An Order of
Protection is used for a "family" relationship between you and the Defendant. To
obtain an Order of Protection one of the following must apply:
- Married now or in the past.
- Live together now or lived together in the past.
- Parent of a child in common.
- One of you is pregnant by the other.
- You are a relative (parent, in-law, brother, sister, or grandparent).
- Current or previous romantic or sexual relationship. Also, you must state how
an act of domestic violence was threatened or committed against you within the
last year.
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Protective Order Packet
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[+] Where do I file the Order of Protection Packet?
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- 971 Jason Lopez Circle, Bldg A, Florence AZ 85132
- You will need to come as early as possible, try to come no later than
2:00 pm. This will allow the Court enough time to process your request.
- PLEASE NOTE: The Court is trying to schedule in your Order of Protection
within a Judges existing scheduled hearings. Processing an Order of
Protection is at least a 2-3 hour process.
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[+] Helpful Information when filing out your forms
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- Please make sure your forms are typed or filled out in BLACK INK ONLY.
- All documents must be legible.
- For all pleadings and other papers filed, other than printed forms,
shall be clearly handwritten or typewritten on one side of the document.
- The body of all documents shall be double spaced and shall not exceed 28
lines per page, except for headings, quotations and footnotes which may be
single spaced. Documents shall be on white, opaque, unglazed paper MEASURING
8 - ½ INCHES X 11 INCHES, with a top margin of 2 INCHES; a top margin of
each subsequent page of not less than 1 - 1/2 inches; a left-hand margin of
not less than 1 inch; a right-hand margin of not less than 1/2 inch; and a
margin at the bottom of the page of not less than 1/2 inch.
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[+] Helpful Information Prior to Submitting your Forms to the Court
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- The Order of Protection Forms must be submitted in our main office
located at 971 Jason Lopez Circle, Bldg A, Florence AZ 85132. Protective
Orders are not accepted at any of our Satellite Office Locations.
- When filing emergency documents in the Court please be prepared to wait,
this is a lengthy process.
- The Court asks that you do not bring children, they are not allowed in
the Courtroom.
- If you come later than 3:00 pm, the Court may not complete the
processing of your emergency request, therefore you may need to return the
next business day.
- You may have a hearing and appear before the Judge, no shorts or flip
flops please dress appropriate.
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2.
INJUNCTION AGAINST HARASSMENT: An
Injunction against Harassment may be filed if you do not meet the relationship
criteria for an Order of Protection. This includes neighbors, friends,
acquaintances, tenants, schoolmates, or a boyfriend/girlfriend who you never
lived with.
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Protective Order Packet
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[+]
Where can I file for an Injunction Against Harassment?
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You may file at any location listed below. If you choose to file in a Justice
Court, please contact the Justice Court to ensure a Judge is available.
All justice Courts ask that you arrive no later than 4:30 p.m. You must use
forms from the court you are filing with.
- Pinal County Clerk of the Superior Court, 971 Jason Lopez Circle Bldg A,
Florence AZ 85132, 520-866-5300
- Florence Justice of the Peace, 400 S. Central Ave Florence AZ 85132,
520-866-7194
- Casa Grande Justice of the Peace, 820 E. Cottonwood Lane Bldg, Casa
Grande AZ 85122, 520-836-5471,
- Eloy Justice of the Peace, 801 N. Main Street Eloy AZ 85231,
520-866-7983
- Mammoth Justice of the Peace, 118 Catalina St, Mammoth AZ 85618, Phone #
520-866-7834
- Oracle Justice of the Peace, 1470 Justice Dr Oracle AZ 85623,
520-896-9250
- Superior/Kearny Justice Court, 60 East Main Street, Superior AZ 85219
520-689-5871
- Apache Junction Justice Court, 575 N. Idaho Road Suite 200 Apache
Junction AZ 85119, 480-982-2921
- Maricopa/Stanfield Justice Court, 19955 N. Wilson Ave, Maricopa AZ 85139
520-568-2451.
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[+] If filing an Injunction Against Harassment in the Clerk of the
Superior Court
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- If filing an Injunction Against Harassment in the Clerk of the Superior
Court, forms must be submitted in our main office located at 971 Jason Lopez
Circle, Bldg. A Florence AZ 85132. Protective Orders are not accepted at any
of our Satellite Office Locations
- Please make sure your forms are typed or filled out in BLACK INK ONLY.
- All documents must be legible.
- For all pleadings and other papers filed, other than printed forms,
shall be clearly handwritten or typewritten on one side of the document.
- The body of all documents shall be double spaced and shall not exceed 28
lines per page, except for headings, quotations and footnotes which may be
single spaced. Documents shall be on white, opaque, unglazed paper MEASURING
8 - ½ INCHES
- X 11 INCHES, with a top margin of 2 INCHES; a top margin of each
subsequent page of not less than 1 - 1/2 inches; a left-hand margin of not
less than 1 inch; a right-hand margin of not less than 1/2 inch; and a
margin at the bottom of the page of not less than 1/2 inch.
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[+] Helpful Information Prior to Submitting your Forms to the Court
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- When filing emergency documents in the Court please be prepared to wait,
this is a lengthy process.
- The Court asks that you do not bring children, they are not allowed in
the Courtroom.
- If you come later than 3:00 pm, the Court may not complete the
processing of your emergency request, therefore you may need to return the
next business day.
- You may have a hearing and appear before the Judge, no shorts or flip
flops please dress appropriate.
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3.
INJUNCTION AGAINST WORKPLACE HARASSMENT:
An Injunction against Workplace Harassment may be filed if you are being
harassed at work, your employer or authorized agent of the employer can file for
an Injunction Against Workplace Harassment on their own behalf. An Injunction
against Workplace Harassment is a court order that prohibits the offender from
having contact with the employer or employees, or from coming near the
employer’s property. The Injunction against Workplace Harassment enables your
employer to get their own injunction against your abuser.
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Protective Order Packet
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[+]
Where do I file the Injunction Against Workplace Harassment Packet?
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- 971 Jason Lopez Circle, Bldg A, Florence AZ 85132
- You will need to come as early as possible, try to come no later than
2:00 pm. This will allow the Court enough time to process your request.
- PLEASE NOTE: The Court is trying to schedule in your Order of Protection
within a Judges existing scheduled hearings. Processing an Order of
Protection is at least a 2-3 hour process.
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[+] Helpful Information when filling out Injunction Against Workplace Harassment
forms
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- Please make sure your forms are typed or filled out in BLACK INK ONLY.
- All documents must be legible.
- For all pleadings and other papers filed, other than printed forms,
shall be clearly handwritten or typewritten on one side of the document.
- The body of all documents shall be double spaced and shall not exceed 28
lines per page, except for headings, quotations and footnotes which may be
single spaced. Documents shall be on white, opaque, unglazed paper MEASURING
8 - ½ INCHES X 11 INCHES, with a top margin of 2 INCHES; a top margin of
each subsequent page of not less than 1 - 1/2 inches; a left-hand margin of
not less than 1 inch; a right-hand margin of not less than 1/2 inch; and a
margin at the bottom of the page of not less than 1/2 inch.
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[+] Helpful Information Prior to Submitting your Forms to the Court
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- When filing emergency documents in the Court please be prepared to wait,
this is a lengthy process.
- If you come later than 3:00 pm, the Court may not complete the
processing of your emergency request, therefore you may need to return the
next business day.
- You may have a hearing and appear before the Judge, no shorts or flip
flops please dress appropriate.
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4.
EMERGENCY ORDER OF PROTECTION: An
emergency Order of Protection is governed by
A.R.S. § 13-3624(C) and may be
requested by a peace officer on an emergency or ex parte basis when a person’s
life or health in in imminent danger; it is limited to parties with specified
relations between them.
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[+]
When is an Emergency Order of Protection available?
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- An Emergency Protective Order is only available when the hours of the
courts are closed. The judge, justice of the peace, magistrate or
commissioner who is authorized to issue emergency orders of protection may
issue a written or oral ex parte emergency order of protection if a peace
officer states that the officer has reasonable grounds to believe that a
person is in immediate and present danger of domestic violence based on an
allegation of a recent incident of actual domestic violence.
- For more information on Emergency Protective Orders please visit:
http://www.azleg.state.az.us/ars/13/03624.htm
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[+] PARTIES IN A PROTECTIVE ORDER
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- Defendant. The defendant is the person against whom the plaintiff or
other appropriate party is seeking protection from.
- Plaintiff and Other Appropriate Requesting Parties. The Plaintiff is the
person or other appropriate requesting party who files the petition for a
protective Order. The Other Appropriate Requesting Party is a Parent, Legal
Guardian or Legal Custodian of a Minor. If the person in need of a
protection order is a minor, then the Parent, Legal Guardian or Person who
has legal custody of the minor shall file the petition as the Plaintiff. The
minor will be a protected person. A minor may not be listed as a plaintiff
on forms.
- Protected Persons. Protected Persons are specifically designated persons
who the Court/Judge has determined should be included in the Order as
protected. Victim. The term victim is used interchangeably with “plaintiff”
- Victim. The term victim is used interchangeably with “plaintiff.”
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[+] SERVING A PROTECTIVE ORDER AND EFFECT
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- A protective order is valid for one year from the date it is served on
the Defendant and is enforceable by law enforcement in any state or tribal
nation in the United States.
- A protective order expires if it is not served upon the defendant,
together with a copy of the petition, within one year from the date that the
judicial officer signs the protective order.
- There is no fee for law enforcement service of an Order of Protection or
Injunction Against Harassment involving a dating relationship. There is a
fee to serve an Injunction Against Harassment not involving a dating
relationship or an Injunction Against Workplace Harassment. The cost to
serve Injunctions varies depending on mileage or number of attempts. If you
cannot afford to hire a process server, you can ask the Judge to defer or
waive the service fee in writing.
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[+] HOW TO REQUEST A HEARING ON A PROTECTIVE ORDER
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- If the defendant disagrees with a protective order, he/she has the right
to request one hearing in writing. The Judicial officer/Judge shall hold a
hearing within 10 court business days of the request unless the judicial
officer/Judge finds good cause to continue the hearing for a longer period
of time.
- If a protective order grants exclusive use of the home, a judicial
officer/Judge shall hold a hearing within five court business days of the
request.
- There are no filing fees to request a hearing in a protective order.
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[+]
MODIFYING OR QUASHING (DISMISSING) A PROTECTIVE ORDER
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Quashing a Protective Order
- A Plaintiff may request in writing that a protective order be dismissed
or quashed at any time during the term of the order.
- Only a Judge can quash (dismiss) a protective order.
- Nothing you do can stop or undo a protective order without the Courts
written approval.
Modifying a Protective Order
- A plaintiff may request in writing that a protective order be modified
at any time during the term of the order.
- The plaintiff shall personally appear before the judicial officer/Judge
and explain why modification of the order is sought.
- A modified Protective Order must be served on the defendant but expires
one year after service of the initial order.
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[+]
LAW ENFORCEMENT STANDBY
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- If Plaintiff or Defendant needs to get personal belongings from the other, you
may request in writing a standby from the Judge.
- If the Plaintiff was granted exclusive use of the residence, and the judicial
officer/Judge allowed the defendant to return one time, accompanied by law
enforcement officer to pick up personal belongings, neither law enforcement or a
protective order can resolve conflicts over property, title, furniture,
finances, real estate, or other ownership issues.
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[+]
FIREARMS
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- The plaintiff may request that the Judge order the defendant not to possess,
receive, or purchase firearms or ammunition.
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[+] COUNSELING
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- If requested, counseling for the defendant can only be ordered at a hearing at
which you and the defendant must appear.
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[+] FAMILY LAW CASES
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- A Limited Jurisdiction Court shall not issue a protective order if the
petition or plaintiff’s statement reveals that an action for maternity,
paternity, annulment, custody, dissolution or marriage or legal separation is
pending in Arizona Superior court.
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[+] VIOLATIONS OF ORDERS
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- Violation of an Order of Protection is the equivalent of contempt of a court
order. A violator may be arrested, fined and jailed and me be charged with a
misdemeanor or a felony.
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