Protection Orders
Overview
Order of Protection
Victim Services
Emergency Orders
Injunction Prohibiting Harassment
Effective Dates of the Order / Injunction
Requesting a Hearing
Violation of the Order / Injunction
Forms for Protective Orders
Overview
There are two types of Protection Orders: an Order of
Protection and an Injunction Against Harassment.
Both types are initiated by filing a Petition.
Court staff will provide the appropriate petition forms at no charge.
The person filing the Petition is called the PLAINTIFF. The person
against whom the order is requested is called the DEFENDANT.
There is no fee to file a Petition for an Order of Protection or an
Injunction Prohibiting Harassment.
The Petition forms are filled out and given to the Court staff. The
plaintiff will see the judge right after the Petition is filed.
If the judge grants the Petition and issues an Order of Protection or an
Injunction Prohibiting Harassment, the Order will be effective when the
defendant is served with a copy of the Order. There are fees to serve
the defendant only for Injunctions Prohibiting Harassment when there was not
a dating relationship between the parties. The judge may waive or defer
these fees.
The Order must be served within one year of issuance and is valid for one
year from the date the defendant is served a copy of the Order.
Order of Protection
(ARS 13-3602)
There are specific criteria which must be met for an Order of Protection to
be issued. For the judge to issue an order, there must be reasonable cause
to believe the defendant has committed or may commit an act of domestic
violence.
Domestic Violence
(ARS 13-3601)
For Victim services:
Mesa Police
Department Center Against Family Violence (CAFV)
An act of domestic violence includes:
any act which is a dangerous crime against a child under fifteen
recklessly endangering another person with a substantial risk of imminent
death or physical injury
threatening or intimidating by word or conduct
assault and aggravated assault
custodial interference
unlawful imprisonment
kidnapping
trespass in the first, second, or third degree
criminal damage
disorderly conduct
harassment
stalking
interfering with judicial proceedings
suspicious photographing, videotaping, filming or digitally recording
use of telephone terrify, intimidate, threaten, harass, annoy or offend
child or vulnerable adult abuse
Relationship of the Parties
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.
If one of these six relationships do not apply to your circumstances then an
Injunction Prohibiting Harassment may be appropriate.
Third Party Request
If a person is either temporarily or permanently unable to personally
request an order, a third party may make the request on behalf of the
plaintiff.
Where to file
Any person may file a Petition in any Justice Court, Municipal Court or
Superior Court in the state. Court staff will provide assistance and provide
the appropriate form for filing the Petition for an Order of Protection.
There is no fee for the forms or for filing the Petition.
If there is an action for maternity, paternity, annulment, legal separation
or dissolution of marriage pending between the parties, The Petition must be
filed in the
Superior Court.
Possible Orders
If the judge issues an Order of Protection, the judge may order:
the defendant to not commit an act of domestic violence;
one party the use and exclusive possession of the parties residence;
the defendant to not contact the plaintiff or other designated persons;
the defendant to not go near the residence, place of employment or school of
the plaintiff or other designated persons;
the defendant to not possess or purchase a firearm for the duration of the
order;
relief necessary for the protection of the plaintiff and other designated
persons.
Emergency Orders
If an emergency exists and an Order of Protection is required during hours
the court is closed, contact the local police department.
Injunction Against Harassment
(ARS 12-1809)
There are specific criteria which must be met for an Injunction Against
Harassment to be issued. For the judge to issue an order, there must be
evidence of harassment during the past year or that irreparable harm to the
plaintiff would result if the order is not issued.
Definition of Harassment
Harassment is defined as:
A series of acts over any period of time that is directed at a specific
person and that would cause a reasonable person to be seriously alarmed,
annoyed or harassed and the conduct in fact seriously alarms, annoys and
harasses the person and serves no legitimate purpose.
Third Party
If a person is either temporarily or permanently unable to personally
request an Injunction, a third party may make the request on behalf of the
plaintiff.
Where to file
Any person may file a petition in any Justice Court, Municipal Court or
Superior Court in the state. Court staff will provide assistance and provide
the appropriate form for filing the Petition for an Injunction Against
Harassment. There is no fee for the forms or to file the Petition.
Possible Orders
If the judge issues an Injunction Prohibiting Harassment, the judge may
order:
the defendant to not commit an act of harassment;
the defendant to not contact the plaintiff or other designated persons;
the defendant to not go near the residence, place of employment or school of
the plaintiff or other designated persons;
relief necessary for the protection of the plaintiff and other designated
persons.
Effective Date of the Order / Injunction
When Is It Effective?
The Order is effective only after a copy of the order has been served on the
defendant.
How Long Is It Effective?
An Order expires, one year from the date the defendant is served with a copy
of the order.
An Order must be served within one year from the date it is issued. If the
order is not served within one year from the date the order is issued, the
order expires and cannot be served.
Modified Order
If the original Order is modified, the Order as modified is effective upon
service and expires one year from the date the original order was served.
Service
Information you provide on the process server information sheet is used by
the person who is serving the defendant with a copy of the order.
Service of the Protection Order must be completed by a licensed process
server or law enforcement agency. There is no charge by law enforcement
agencies to serve Orders of Protection. There is no charge by law
enforcement agencies to serve Injunctions Prohibiting Harassment when the
Court has found that a dating relationship existed.
There is a fee to serve Injunctions Prohibiting Harassment when no dating
relationship existed. The Court may waive or defer this fee.
Request a Hearing
The defendant is entitled to request a hearing on the order.
Hearings are held within ten days of the request. If exclusive use of the
home is included in the Order of Protection, the hearing will be held within
five days of the request.
At the conclusion of the hearing, the judge will decide whether the order
will remain in effect, be modified, or vacated.
Violation of the Order / Injunction
A peace officer may arrest a person for disobeying or resisting an Order of
Protection or an Injunction Prohibiting Harassment.
Forms for Protection Orders
Court staff will provide the petition form free of charge at the Court, or
you can download and print a copy below. The address and process
server information sheets need to be completed in addition to the petition.
All forms are included in the petition packet.
Petition Packet for Protective Order