If the individual that requested the Protective Order would like the court to consider dismissing the Order, they must go to the Protective Orders office with a valid picture I. Phoenix Police Department Phoenix Family Advocacy Center Phoenix Prosecutor's Victim Services Coalition Against Domestic Violence Skip to main content Turn on more accessible mode.
Turn off more accessible mode. It looks like your browser does not have JavaScript enabled. Please turn on JavaScript and try again. Page Content. What Are Protective Orders? Skip to main content. Topics Family. What is an Order of Protection? An Order of Protection is a court order that tells one person what they cannot do to another person, or what contact is allowed. Sometimes an Order of Protection is also called a restraining order.
What does an Order of Protection say? An Order of Protection can require a person to stay away from another person, their home, school and work. The order could also prohibit some types of contact with the other person, or even all contact. The court can make exceptions such as to arrange visitation with a child. An Order of Protection may allow some contact. However, it will order a person to commit no crimes against the other person or do anything offensive toward the other person.
Which courts issue Orders of Protection? The person requesting the Order of Protection can go to either or both courts for the same problem. If you are threatened or harmed by another person, you can call the police or go to the police station to report a crime. The police can charge the other person with a crime and during any of the court appearances in Criminal Court, the court can issue an Order of Protection.
If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff.
After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court.
Name of the plaintiff. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. The address and contact information shall not be listed on the petition. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.
Relationship between the parties pursuant to section , subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage.
Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. A fee shall not be charged for filing a petition under this section or for service of process. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel.
The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing.
The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following:. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted.
If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings.
A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence.
After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L of this section.
Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order.
If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order.
If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court.
Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances.
Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section or otherwise disposing of the animal.
The court shall not grant a mutual order of protection. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross orders of protection.
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