Protection Orders

Introduction

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 only be included in an Order of Protection if the person against whom you are seeking the order is his/her parent, and that person has committed domestic violence against the child. If you are seeking custody orders, you must file a separate action in Superior court.

Any petition for an Order of Protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court.

Injunction Against Harassment:

An Injunction Against Harassment prohibits a person from harassing, annoying, or alarming another person. The person filing the injunction is called the plaintiff. The person against whom the injunction is filed is called the defendant. If the plaintiff is a minor, the petition must be filed by the parent, legal guardian or the person who has legal custody of the minor. Any injunction sought against a person who is less than twelve years of age must be filed in the Juvenile Court.

Injunction Against Harassment in the Workplace:

An Injunction Against Harassment in the Workplace prohibits a person from harassing, annoying, or alarming another person at their workplace. The person filing the injunction on behalf of the company is called the plaintiff. The person against whom the injunction is filed is called the defendant. Any injunction sought against a person who is less than twelve years of age must be filed in the Juvenile Court.

How to File

Click on the link below to initiate a petition for an Order of Protection, Injuction Against Harassment, or Injunction Against Workplace Harassment:

https://azpoint.azcourts.gov/

Filings may be subject to a fee according to the Civil Fee Schedule. If you cannot afford the fees you may apply for a Deferral or Waiver.

Case Flow Chart

Civil Traffic Flow Chart

Common Case Terms & Definitions

Constable - An elected official responsible for service of process.

Defendant - A party for whom relief is sought against.

Dismissal - Termination of an action or claim.

Judgment - A formal decision made by a court.

Juvenile/Minor - A person who has not reached the age of 18.

Motion - A motion is a formal written request to a judge for purposes of obtaining an order in favor of the individual making the request.

Order - A command, direction or instruction.

Petition - A written request asking for relief.

Plaintiff/Petitioner - A party who makes a formal petition with the court to request action.

Service - The formal delivery of a legal notice.

FAQ's

  • Is there a fee to file a protection order?
    • There is no fee to file an Order of Protection and Injunction Against Harassment. However, a filing fee is required to file an Injunction Against Workplace Harassment per the Civil Fee Schedule.

  • I was served with a protection order. Can I contest it?
    • Yes, you can contest a protection order. A defendant may file a request for a hearing to contest, change or modify the order.

  • I was granted a protection order. Will there be a fee to serve the order?
    • Service is arranged with the Pima County Constables Office. Service for an Order of Protection is free. However, there will be a service fee for an Injunction Against Harassment and an Injunction Against Workplace Harassment.

  • What is a motion? What do I write on a motion?
    • A motion is a formal written request to a judge for purposes of obtaining an order in favor of the individual making the request. You can download a motion form (JP44) available on our website at www.jp.pima.gov. Once you have downloaded the form and specified your request, you will need to mail the motion to the court or bring it in person to 240 N. Stone Avenue Tucson, AZ 85701. Please note that filing a motion does not guarantee a ruling in your favor. A ruling will be mailed out to you once the Judge has reviewed the motion and made a decision.

  • Do I need an attorney in a Protection Order Case?
    • No, there is not a requirement to be represented by an attorney in a Protection Order Case.

Appeal Process & Information

A party may appeal a final order or a final judgment entered in any civil case. The appeal procedure is set forth in Superior Court Rules of Appellate Procedure, and in the Arizona Revised Statutes.

To start an appeal, a Notice of Appeal must be filed with the trial court within fourteen (14) calendar days from the date of the judgment. If a Notice of Appeal is not filed within 14 calendar days, the judgment can no longer be appealed.

There are two stages to appeal process. The first stage begins in the Justice Court; the second stage takes place in the Superior Court. All steps must be completed at both stages to avoid possible dismissal of the appeal.

The person who files the appeal is the Appellant. The opposing party is the Appellee. The Justice Court is the trial court.

***For a complete appeal packet and instructions please view form JP410 Appeal a Civil Judgment Packet***

Other Information

A petition may be filed in any of the following courts Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m.

  • Pima County Consolidated Justice Court, 240 N. Stone Avenue
  •  Tucson City Court, 103 E. Alameda Street
  • Pima County Juvenile Court, Clerk's Office, 2225 E. Ajo Way
  • Pima County Superior Court, Clerk's Office, 110 W. Congress, 1st Floor
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, visitation, or intend to file one of these actions within the next 30 days.

After 4:30 p.m. weekdays, or at any time on a weekend or holiday, an emergency Order of Protection can be requested by contacting the Tucson Police Department ((520) 741-4444) or the Pima County Sheriff's Department ((520) 724-4900). In case of an emergency, call 911.

  • AZCourtHelp.org:
    AZCourtHelp.org offers free assistance to all people who have legal information questions or need assistance in resolving disputes.

    Click below for more information:

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