Orders of Protection
Where to File
If there is a pending action between you and the Defendant in Superior Court for: Maternity, paternity, annulment, custody, dissolution of marriage or legal separation, or if you are filing a protective order against a defendant who is under 12 years old, file your application in Superior Court. Otherwise, you can file your Protective Order application in any Municipal Court, Justice Court or Superior Court.
There are three types of Protective Orders:
- Injunction Against Harassment
- To restrain a person from committing acts of harassment over any period of time directed at a specific person that would cause, or has caused, a reasonable person to be seriously alarmed, annoyed or harassed and that serves no legitimate purpose. A.R.S.12-1809R
- Injunction Against Work Place Harassment
- This Injunction, alleging a single act or series of acts of harassment, can be filed by an employer or owner of a business or operation for the benefit of an employee or the business. A.R.S. 12-1810
- Order of Protection
- Used when a "family" relationship exists between Plaintiff and Defendant. This can include one of the following: 1) married now or in the past, 2) live together now or lived together in the past, 3) parent of a child in common, 4) one of you is pregnant by the other, 5) you are a relative (parent, in-law, brother, sister, or grandparent), or 6) current or previous romantic or sexual relationship. A.R.S.13-3601A
Any of these orders can be issued by any court in the State of Arizona. You do not need an appointment or pre-scheduled time, although you should call the court in advance to confirm that the judge will be available when you wish to appear. After normal court business hours and during weekends and holidays, any police officer can assist you in obtaining an emergency order of protection.
There is no filing fee to Petition or Request an Order of Protection or Injunction against Harassment in the court. A service fee will be charged by the process server or constable for a Injunction Against Harassment. However, if you cannot afford to pay the service fees, a waiver for service fees may be filed and if eligible the court may waive service fees.
If signed / ordered by a Judge, the protective order must be served by a private process server or constable, to the defendant within one year of the date it was issued. The order is in effect for one year from the date it was served. Once a Protection Order has been served, it is against the law for the person named in the order to attempt to contact you as listed on the order. Call 911 immediately if a violation of the order occurs. Any police agency can investigate the violation.
Take reasonable steps to protect your own safety. The Order of Protection makes it illegal for the abuser to contact you, but it cannot stop the person from breaking the law.
If you are in danger call 911.