If you wish to obtain an Order of Protection or an Injunction Against Harassment against a juvenile who is currently in secure care within the Arizona Department of Juvenile Corrections (ADJC), it is recommended that you do so a minimum of two months prior to the release of the juvenile. Once the Order of Protection is obtained, you may mail or hand deliver it to the Victims' Rights Unit, which will arrange for service upon the juvenile (at no cost to the victim). You will receive notification that the juvenile has been officially served, and the Victims' Rights Unit will return the signed documents to you, so that you can file them with the originating court. The Victims' Rights Unit can also work with you in the development of a safety plan if needed.
An Order of Protection is a legal restraint used to prohibit a person from committing an act of domestic violence or from contacting people protected by the order. Orders of Protection are used when a relationship of some kind exists between the offender and the victim. An Order of Protection may include various forms of legal protection such as removing firearms from the home, adding other people to the order and exclusive use of the home. Please remember that an Order of Protection gives you legal protection; however, you still must take the necessary steps to ensure your safety. You may contact the Victims' Rights Unit to assist in development of a safety plan.
An Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. A relationship does not have to exist between the two parties, as is required with an Order of Protection.
Provided is a sample form for both the Order of Protection and the Injunction Against Harassment. It is recommended that you fill out this form in order to have all the information with you when you go to your Justice Court to fill out their forms. It is also important to know that when you file an affidavit, it does become a public record. If you would like your personal information protected, it must specifically be requested.
Please refer to the following website to locate an Arizona Order of Protection or Injunction Against Harassment Packet: Protective Order Forms
Please refer to the following website to find a court in your area that may be able to assist you with Orders of Protection: Arizona Court Locator
ORDERS OF PROTECTION A.R.S. 13-3601 and 3602:
You may apply for and receive an Order of Protection if you meet the following requirements:
(A). Relationship between you and the defendant. Your relationship to the defendant must fit into one of these categories. If your relationship does not fit into one of these categories, read about Injunctions against Harassment at the bottom of this page.
The defendant is:
- Your spouse or your former spouse.
- Your roommate or your former roommate.
- The father or mother of your child or your unborn child.
- Your parent, grandparent, brother, sister, child, or grandchild.
- Your spouse's parent, grandparent, brother, sister, child or grandchild.
The defendant's spouse is:
- Your parent, grandparent, brother, sister, child, or grandchild.
- Your spouse's parent, grandparent, brother, sister, child, grandchild.
- Someone you were involved with in either a romantic or sexual relationship (requestor can be a minor).
(B). The defendant committed, or is about to commit, any of the following:
- Any dangerous crime against a child under 15 years of age which includes: second degree murder; aggravated assault resulting in serious physical injury or involving the discharge, use or threatening use of a deadly weapon or dangerous instrument; sexual assault; molestation of a child; sexual conduct with a minor; commercial sexual exploitation of a minor; sexual exploitation of a minor; child abuse; kidnapping; sexual abuse or continuous sexual abuse of a child; taking a child for the purpose of prostitution; child prostitution; involving or using minors in drug offense.
- Any of the following acts in which the defendant:
- endangers (A.R.S. 13-1201);
- threatens or intimidates (A.R.S. 13-1202);
- assaults, including use of a dangerous weapon or causing serious bodily harm (A.R.S. 13-1203 and 1204);
- kidnaps or unlawfully imprisons (A.R.S. 13-1303 and 1304);
- interferes with the custody of a child unlawfully (A.R.S. 13-1302);
- criminally trespasses or criminally damages (A.R.S. 13-1502, 1503, 1504, 1602);
- disorderly conduct (A.R.S. 13-2904(A)(1)(2)(3) or (6));
- stalks (A.R.S. 13-2923);
- abuses a child or vulnerable adult (A.R.S. 13-3623);
- interferes with judicial proceedings (A.R.S. 13-2810);
- uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend (A.R.S. 13-2916);
- harasses (A.R.S. 13-2921).
INJUNCTIONS AGAINST HARASSMENT A.R.S. 12-1809:
An Injunction Against Harassment is available if the conduct of any person is harassment; as defined by Arizona law:
- The defendant can be anyone, whether or not related to you.
- The conduct can be any conduct which is 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, or harasses the person and serves no legitimate purpose (A.R.S. 12-1809(R)).
ADDITIONAL INFORMATION ABOUT PROTECTIVE ORDERS:
PUBLIC ACCESS: Only the information contained in the served protective order, not the petition, will be entered into the state computer system and will be made public on the internet. You can protect your home and work address by requesting on the application form that your addresses be protected.
OTHER PROTECTED PERSONS: It is possible that you will be referred to Superior Court if your children are listed as protected persons in this order. Only a Superior Court Judge can decide child custody or parenting time in a separate action.
ONE DEFENDANT: A separate petition must be filed for each defendant. A copy of your petition and the order will be given to the Defendant and may be used in future judicial proceedings.
SERVICE AND EFFECT: This protective order is valid for one year from the date it is served on the Defendant and is enforceable by law enforcement in any state or tribal nation in the United States. There is no fee for law enforcement service of an OOP or IAH on someone involved a dating/domestic relationship.
PROTECTIVE ORDER HEARING: If the Defendant disagrees with this protective order, he/she has the right to request a hearing which will be held within 5 to 10 business days after a written request has been filed in the court that issued this order. If you do not appear at the hearing, your Order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearings.
MODIFYING OR QUASHING (DISMISSING) THIS PROTECTIVE ORDER: Only a judge can modify or quash (dismiss) this protective order. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. Nothing you do can stop, change, or undo this protective order without the Court's written approval.
PLAINTIFF CONTACT: Even if you initiate contact, the Defendant could be arrested for violating this protective order. If the Defendant does not want contact with you they have the right to request a protective order against you.
LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues.
FIREARMS: You may request the judge order the Defendant not to possess, receive, or purchase firearms or ammunition.
COUNSELING: If requested, counseling for the Defendant can only be ordered at a hearing at which you and the Defendant must appear.
THIRD PARTIES: A protective order is not valid against third parties such as landlords, which means an order containing an exclusive use of a residence provision may not be honored if the Plaintiff is not the lease holder.