Author Archives: Canterbury Law Group

A restraining order, (also referred to as a protective order or order of protection) is a vital tool you can use when you have been a victim of domestic violence or recurring harassment. Therefore, it is paramount to understand the filing process in Arizona, so you are fully prepared to protect those you love as well as yourself.

What Is the Goal Of Obtaining A Restraining Order in Arizona?

A restraining order or order of protection arises when the order involves a romantic domestic partner or family member. An injunction against harassment is when the parties involved are not family but court protection is still needed from third parties.

When a restraining order is filed there are no fees, however certain criteria must be met. Under the law in Arizona ( Title 13-3602) says a restraining order will not be obtainable until the following points can be met.

• The petition has been completely filled out, submitted and verified by the applicant in writing
• The restraining order petition that is being filed against a person at least twelve years of age
• One person is the maximum amount of people the petition can be filed against (unless minor children are included, which can occur for parents).

Is A Restraining Order Helpful?

Restraining orders can be powerful deterrents to further abuse by the harassing party.  Once the abuser is formally served, they are restricted from coming within 100 yards or 1000 feet of you, your person, your home, or your place of business.  This protective “bubble” can also sometimes extend to your minor children if you feel that they are in danger too.

Once the Order of Protection has been served, communications are severely limited between you and the abuser.  The defendant abuser (once served with the order) may now only have certain ways to communicate with you like (but not including) text messaging, email or telephone calls. Conversely, the order may prohibit the defendant from any form of contact with you. Keep in mind, the court also has rights preventing the defendant by:

• Setting a geographical distance, the defendant must keep between themselves and a specific place (or places) or an individual (or certain groups of people)
• Keeping no contact with any animals who reside in the residence as well as not taking possession of said animals
• No offenses committed under the following statute of domestic violence: (Title 13-3601(A))
• Carrying or owning a firearm
• If applicable, using the joint residence

The court can order a defendant to take part in an intervention style program or domestic violence class. Defendants who accidentally or purposefully choose to violate the restraining orders terms may face being immediately arrested, being jailed or being prosecuted. The restraining order is not an airtight guarantee for your safety, but it prohibits a defendant from approaching or being in certain geographical areas as well as limiting the amount and kind of communication you have with the defendant – so there are serious legal consequences for violating a restraining order.

Can I Get Restraining Orders in Arizona?

People in the following circumstances can file a restraining order:

• A third party presenting a petitioner who literally cannot be present at the court because of the abuser
• A guardian or parent of a minor child
• Adults over the age of 18

Remember that in Arizona the court can issue make sure the restraining order for anyone residing in Arizona.

Can A Restraining Order Be Filed in The State of Arizona?

Here are the four steps you need to know.

1. When possible, consult with an attorney first. Although an attorney is not mandatory, a consultation with a lawyer can ensure the process runs more smoothly. They can point out what order is best for your situation and assist with the completion of forms that have to be submitted. Your local county court probably has some suggestions and do not forget there is always reach out to  National Domestic Violence Hotline for advice and legal support if domestic violence is involved.
2. Maricopa county requires you to fill out the paperwork utilizing a Domestic Violence computerized prompting system. The paperwork will have a petition naming the proposed protected parties as well as defining the reasons why you are in need of the restraining order. Protective Order forms can be filed at any court in the state of Arizona and they are available in five different languages.
3. When you make your live court appearance before the judge, you will answer the questions he or she may have regarding your need for an order to be issued. The judge may question you regarding specific incidents that back up your need for a petition. Undoubtedly it is often emotionally distressing, and it may be worthwhile to bring someone you trust for support as you go through this, lawyers are always best to help you through this process.
4. When the judge grants a restraining order, the defendant must be notified using legal service of process.  You will have to serve the defender with the petition including an order of protection as well as a duplicate copy of the signed order of protection through law enforcement personnel or going through a licensed process server. The restraining order, as you recall, is not valid until it been served upon the defendant personally. Petitioners with an order of protection have up to one year for the defendant to be served otherwise the order will automatically expire. If the defendant is located in Phoenix, Phoenix Police will work with the Coordinator of Protective Orders to file the court order with no fees, for you. In situations where the defendant is not able to be served immediately, it is crucially important to maintain a copy of the signed protection order on hand. If the defendant has not been served the order of protection and physically approaches you, immediately call 911 and inform them you have an order of protection against the defendant on your person and that the law enforcement who mobilizes to the scene should immediately serve the defendant and escort him from the area.

What Is the Cost of A Restraining Order in Arizona?

There are no fees attached to filing the restraining order in Arizona. Should you decide to utilize the services of a private process server, the average price is $73 with prices ranging from $45 to $100 for the US in 2019.

Source:

“How To File A Restraining Order in Arizona.” Arizona Legal Center, 30 May 2018, arizonalegalcenter.org/how-to-file-a-restraining-order-in-arizona/.

A Protective Order restrains an individual from harassing or committing domestic violence against another individual or group of people. In normal circumstances, a judge will consider and rule upon any requested petitions on the same day they are filed with the court.

A Protective Order can be issued following a petition in any court in Arizona. Beneath is a link to a nearby court. Contact them to learn more for specific instructions on their processing of Protective Orders.

If the Protective Order is not being served in phoenix, you may want to petition the court in the area it will be served.

Maricopa County Justice Courts Maricopa County Superior Court

Protective Order Types

Orders Of Protection

An Order of Protection (A.R.S. 13-3602) is an order issued by the court seeking protection from an individual you reside with, currently or in the past or if they are a member of your immediate family. Examples would include:

• A relative of yours, or a relative of your current spouse (contact the Court for specific information)
• Your former or current spouse
• Someone you have lived with or are living with
• Someone you are having a sexual or romantic relationship with
• One individual impregnated by the other individual or a person with whom you have a child
• One of the parties is an in-law or sibling, parent or grandparent

Injunction Against Harassment

An Injunction Against Harassment (A.R.S. 12-1809) is an order from the court seeking protection from an individual who does not live with you, a person who you have no relationship with or a former or present non-family member. Workplaces and individuals are subject to injunctions against harassment. Some examples include:

• The individual must have committed acts of harassment in the last year
• Harassment must have been committed at least twice

Types Of Harassment And Domestic Violence

• Intimidating and threatening behavior
• Surreptitious audio-visual recording
• Stalking
• Kidnapping
• Harassment
• Endangerment
• Conduct that is disorderly
• The disobeying of a court order
• Interference with child custody
• First, second or third degree criminal trespass
• Crimes committed against children
• Vulnerable adult or child abuse
• Assault
• Aggravated Harassment
• Aggravated Domestic Violence
• Aggravated Assault
• Constant texts, emails or phone calls

What A Protective Order Achieves

• Prohibits a person from coming near a work site, home or school, or other locations listed on the court order
• If the person who is served violates the order it provides you with legal recourse for one year
• If your abuser comes within 100 feet of your person when you have a valid protective order in your possession, immediately call 911 and tell the police of the violation—they will mobilize and arrest your abuser immediately.

What A Protective Order Does Not Achieve

• Does not resolve tenant/landlord disputes
• Does not offer a guarantee of your safety
• Does not change visitation or custody orders
• Does not generate any financial gain or loss

Obtaining a Protective Order

1. Go to the office of Protective orders (Room 608) on the 6th floor of the Phoenix Municipal Court.
2. The correct court action for your individual situation can be determined by speaking to the court staff.
3. Fill-out the needed paperwork for the judge to review
4. Once this has been done, you will meet with a judge to further explain your request.

You Will Need The Following To Do The Above

• The name, address and date of birth of the individual you are seeking protection from
• Present or past court proceedings involving yourself and the individual you want protection from
• Phone number and address of the person where the Protective Order can be served

Serving A Protective Order

When you know the location of the defendant, these options are open to you:

• The Protective Orders Coordinator who will work with Phoenix Police once the order has been sent to them and attempt to serve the defendant within the city limits of Phoenix at no cost to you.
• You can take possession of the order and when you decide you want it served as long as the defendant is within Phoenix City limits, you can contact Crime Stop at 602-262-6151 and they will instruct on how the police can serve the defendant.
• At your own expense, hire a private process server to serve the order.

When you do not know the location of the defendant you can do the following:

• Call the Protective Orders Coordinator (call 602-534-3088 Monday-Friday 8:00 AM – 5:00 PM) to try and determine location of the defendant and then the Protective Orders Coordinator can arrange an attempt to serve the order with the local police.
• Once the defendant’s location has been established, you can call Crime Stop at 602- 262-6151 and they will explain how the police can serve the order.
• You can take the order with you and once you have determined the location of the defendant you can hire a private process server, at your own expense, to serve the order on the defendant.

It is vital you understand the Protective Order does not become valid until is served officially by a process server or the police.

Time Periods For Protective Orders

• After one year if the Protective order has not been served, it automatically expires
• From the date of service, the Protective Order is valid for one year (365 days)
• Protective Orders can sometimes be extended beyond one year in some circumstances

Court Hearings

The individual you filed against may obtain a hearing at any point before the order expires. When this occurs, the hearing will be scheduled 5 to 10 business days from the date it was originally requested and the court will notify you. Therefore, if your telephone number or your address changes at anytime you must keep the Protective Orders office updated. If you do not appear, the judge may decide to have the Protective Order dismissed or quashed.

Protective Order Dismissal

Only a judge can dismiss Injunctions Against Harassment and Orders Of Protection. If the person who requested the Protective Order would like the court to think about the dismissal of the order, they must personally go with a picture ID to the Protective Orders office and complete the requested paperwork that the court staff will provide.

Further Information

• Your phone number and address may be kept confidential (only available to court staff)
• Each person for who you are seeking protection from requires separate paperwork
• Some requests may require a court hearing with the person you are seeking protection from before an order is issued
• If the Protective Order is going to be served outside of Phoenix, it may be best to go to a court in the area it will be served