How to File an Order of Protection Against Domestic Violence
What is an Order of Protection?
An order of protection is a court order intended to prevent acts of domestic violence. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an order of protection. The person you want an order against must have committed or threatened to commit an act of domestic violence within the last year. A child may not be included in an order of protection if the person against whom you are seeking the order is his/her parent, unless that person has committed domestic violence against the child. You must seek custody orders in a separate action in Superior Court. The person filing the injunction is called the plaintiff. The person whom the injunction is filed against is called the defendant.
Who can file an order of protection against?
An order of protection can be filed against someone that is:
- A spouse or former spouse
- A person you now or did live with
- A parent, grandparent, child, grandchild, brother or sister, parent-in-law, stepparent, stepchild, brother-in-law or sister-in-law, or someone you have a child with
Where do I file a petition for an order of protection?
A petition may be filed in any of the following courts Monday through Friday between the hours of 8:00 AM and 4:30 PM:
The petition should be filed in Superior Court if you are involved in a pending legal action related to divorce, legal separation, paternity, child support, custody or visitation or intend to file one of these actions within the next 30 days.
If you currently have an order of protection, you must go back to the court that issued it, unless it was transferred to another court. If it has been transferred, you must go to the court to which it was transfered.
How do I file?
You must complete the paperwork given to you by court staff. An order of protection can only be issued against the person. Each person you want to file against requires a separate petition. There is no fee for filing. After you complete the paperwork, you will be scheduled before a judge who will
review your petition and either grant or deny the order.
Order of Protection Forms (For Informational Purposes Only)
What happens if the order is granted?
If the judge grants the order, a member of the clerk’s staff will complete the paperwork for you. The defendant must be served with the order before it becomes effective. Court staff will explain how to arrange for service. There is no fee for serving the defendant. Once an order has been served, it will be in effect for twelve (12) months. It is important to keep a copy of the order of protection with you at all times.
Can the Order of Protection be changed or modified?
The defendant may file a petition to request that the order be modified or dismissed. If your order of protection gives you exclusive right to your home, the hearing will be scheduled within five (5) court days of the defendant’s request. If you do not have an exclusive right to your home, the hearing will be scheduled within ten (10) court days. If you have a pending family law related action in Superior Court, the hearing will be held in Superior Court. However, if there is not a pending matter before the court, the hearing will be held in Tucson City Court or Pima County Consolidated Justice Court. The court location is determined by the location of the plaintiff’s residence, either city or county. The court will mail a copy of the notice of hearing to you specifying the location, date and time of the hearing.
What if the Order of Protection involves a minor?
Any petition for an order of protection sought against a person who is less than twelve years of age shall be filed in the Juvenile Court and in those cases in which the defendant and the plaintiff are both parties to an open dependency case.
If you have any questions concerning an order of protection, you may obtain information from the courts listed below:
- Tucson City Court 791-4971
- Pima County Consolidated Justice Court 740-3384
- Clerk of the Juvenile Court 740-4412 or 740-5025
- Clerk of the Superior Court 740-3272 or 740-3297
For More information about Domestic Violence and other issues:Source: www.tucsonaz.gov