How to Know if You Have a Restraining Order

What Are Protective Orders?

The purpose of a Protective Order is to restrain a person from committing an deed of harassment or domestic violence confronting another person or persons. Requested petitions are typically seen by a gauge and ruled on the same day.

Any court in the state of Arizona can review a petition and upshot a Protective Lodge. At that place may exist a court that is closer to your location. Below are links to other nearby courts to obtain a Protective Order. You will demand to contact a specific court for information on their Protective Lodge process.

If there is an action for motherhood, paternity, annulment, legal separation or dissolution of matrimony pending between the parties, The Petition must be filed in the Superior Courtroom.

If the Protective Club will exist served outside the City of Phoenix, it may exist in your all-time interest to request the social club in the jurisdiction where information technology will be served.

Maricopa County Justice CourtsMaricopa County Superior Court

Ii Types of Protective Orders

Orders of Protection

An Order of Protection (A.R.Due south. 13-3602) is a courtroom order to seek protection from a person you live with, now or in the past, or is an immediate family member. Examples of a requested Society of Protection would be filed confronting:

Your current or onetime spouse
Someone with whom you live or have lived
Someone with whom you are having a romantic or sexual relationship
1 political party pregnant past the other party or someone with whom you lot take a kid in common
Your relative, or your current spouse'due south relative (contact the Court for specific relatives)
1 of the parties is a parent, grandparent, in-law or sibling

Injunction Against Harassment

An Injunction Against Harassment (A.R.South. 12-1809) is a courtroom gild to seek protection from a person other than someone you live with, a person with whom y'all have no relationship, or a electric current or former non-family member. Injunctions Confronting Harassment can be issued for individuals and workplaces. To have an injunction granted or issued:

The defendant must have committed acts of harassment in the concluding year
There must be at least two specific acts of harassment committed

Types of Harassment and Domestic Violence

Assault
Aggravated Assault
Aggravated Harassment
Aggravated Domestic Violence
Child or Vulnerable adult abuse
Criminal Damage
Criminal Trespass - first, second or tertiary degree
Crimes Against Children
Custodial Interference
Disobeying a courtroom order
Disorderly Deport
Endangerment
Harassment
Kidnapping
Stalking
Underground Videotaping
Threatening and Intimidating

What A Protective Lodge Does

Prohibits a person from coming near a home, piece of work site, schoolhouse, or other locations listed on the court order
Provides yous with legal recourse for one twelvemonthif the person who is served violates the order

What It Does Not Exercise

Does not resolve landlord/tenant disputes
Does not change custody or visitation orders
Does not guarantee your safety

The Procedure

Obtaining A Protective Order

Go to Protective Orders function on the 6th floor (Room 608) at the Phoenix Municipal Court.
Court staff will help you lot determine the correct Court action for your situation.
Complete the paperwork for the estimate to review.
In one case completed, you will meet with a gauge to discuss your request.

Data We Will Need

Name, date of birth, and accost of the person you lot are seeking protection from
Past or present court proceedings involving yourself and the person from whom yous seek protection
Address and phone number of the person where the Protective Society can be served

Serving A Protective Order

If the Approximate grants your petition for an Guild of Protection the court volition immediately send the Order of Protection and a re-create of the petition for service on the accused. You may asking a filibuster in service upward to 72 hours from the time the Order of Protection is granted. The agency closest to the defendant's accost volition exist assigned to serve the Order of Protection. There is no accuse for service of an Gild of Protection.

REMEMBER - The Protective Order is not valid until it has officially been served by police or a process server. The more detailed and authentic information you can provide regarding the locations where the defendant can be served greatly increases the likelihood the gild will be served successfully. This type of information includes complete and right addresses as well every bit the times and locations of where the accused lives, works and frequents inside the City of Phoenix.

Protective Order Fourth dimension Periods

The Protective Order is valid for i yr from the engagement of service
If the Protective Order is not served inside one year, it automatically expires

Court Hearings

The person you filed against tin can request a hearing anytime prior to the expiration of the Protective Society. If this occurs, the hearing will exist fix 5 to 10 days from the date of request and you will exist notified by the Court. It is critical that y'all keep the Protective Orders office informed of any change in telephone or accost.

If y'all fail to announced, the judge may dismiss the Protective Social club

Dismissal of a Protective Order

Orders of Protection & Injunctions Against Harassment tin can only be dismissed by a judge. If the private that requested the Protective Guild would similar the court to consider dismissing the Social club, they must go to the Protective Orders part with a valid picture show I.D. and consummate the required paperwork provided by court staff.

Boosted Information

Divide paperwork is required for each person from whom yous are seeking protection.
Your address and phone number may be kept confidential (only bachelor to court staff).
Non all requests are granted and some may require a court hearing with the person y'all are seeking protection from earlier issuance.
If the Protective Gild will be served outside the City of Phoenix it may be in your best interest to request the Order in the jurisdiction where it will exist served.

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Source: https://www.phoenix.gov/court/protection-orders