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.
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
- 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
- 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
- Go to the office of Protective orders (Room 608) on the 6th floor of the Phoenix Municipal Court.
- The correct court action for your individual situation can be determined by speaking to the court staff.
- Fill-out the needed paperwork for the judge to review
- 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
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.
- 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
Contact Our Order of Protection Lawyers in Scottsdale
If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated order of protection lawyers in Scottsdale will ensure thorough preparation for your restraining order, or defense from same, and help you navigate the legal issues that inevitably arise.