Protection Orders

Protection Orders…

…are civil court orders prohibiting a specific person from coming near your home, work site, school, or other locations as listed on the order.

…are based on the relationship you have with the party you are seeking protection from.

…are issued by a judge and must be served by a police officer, deputy sheriff or process server.

…are effective for 12 months from service date.

…can provide you with legal recourse if the served person violates the order.

…cannot resolve landlord/tenant disputes.

…cannot change custody or visitation orders.

…cannot guarantee your safety.

There are two types of Protection Orders.

The first type is an Order of Protection and is used when…

…the parties are married, or were married in the past.

…the parties live together, or lived together in the past.

…the parties are the parents of a child in common.

…one of the parties is pregnant by the other.

…one of the parties is a parent, grandparent, in-law or sibling.

The second type is an Injunction Against Harassment and is used when…

…the parties are dating, but have never lived together.

…the parties have a relationship not previously listed.

…the parties share a workplace.

Obtaining a Protection Order
Go to:      Phoenix Municipal Court
                300 West Washington Street
                Room 608 (6th floor)
                Monday thru Friday (except holidays)
                8:00 a.m. to 5:00 p.m.


When you arrive, court staff will help you determine the Protective Order type for your situation and provide instructions on completing the necessary paperwork for a judge’s review. Please allow at least 1 hour to complete this process and be prepared to describe all incidents between yourself and the person you are seeking protection from. If you are seeking protection from multiple persons you will need to complete additional paperwork for each person.

You will need to provide the court with…

…all past or present court proceedings involving yourself and the person you are seeking protection from.

…the full name, date of birth of the person you are seeking protection from.

…the home and work addresses where the Court Order can be served on the person you are seeking protection from.

Your address and telephone number will remain confidential. This information is only needed if court staff need to contact you regarding a hearing.

Once you complete the paperwork you will meet with a judge to discuss your request. Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance. Note: If the Court Order will be served outside the City of Phoenix it may be in your best interest to request the Court Order in the jurisdiction where it will be served.


Be advised that Protective Orders are not valid until they are served on the person you are seeking protection from.


Court Orders can be served in three ways:

1. If the person being served resides within the City of Phoenix , court staff may be able to coordinate service of the Court Order with the Police Department. Phoenix Police officers will attempt to serve the Court Order Monday through Friday ( 9:00 am - 3:00 pm ). However, not all Court Orders can be served in this manner. The most critical aspect of this service method is the accuracy of the person’s address you provide the court.

2. If you do not know where the person being served lives, you can take the Court Order with you and can call police when you learn where the person is, or when you have contact with the person. If this occurs in the City of Phoenix , call Crime Stop at 602-262-6151. If this occurs outside the City of Phoenix , call the law enforcement agency in the area. If the person is in the Maricopa County Jail just present the order to jail staff and they will serve it. State law requires any law enforcement agency to serve an Order of Protection, however this provision does not apply to an Injunction Against Harassment.

3. Your last option for service is to take the Court Order with you and hire a private process server to serve the Order. Note: When the person being served with a Court Order is under 16 years of age, a parent will also be served.


Notification of Service

Once the Court Order has been served, the police, sheriff or process server will provide the court with a Certificate of Service and a copy will be mailed to you. The Court Order is valid for 1 year from the date of service. If the Court Order is not served within one year, it automatically expires.

Hearings

The person you filed against can request a hearing anytime prior to the expiration of the Court Order. If this occurs, the hearing will be set 5 to 10 days from the request and you will be notified by court staff. It is critical that you keep the Order of Protection Office informed of any change in telephone or address. If you fail to appear at the hearing the judge may dismiss the Court Order.

Dismissal of a Court Order

Orders of Protection & Injunctions Against Harassment can only be dismissed by a judge. If the individual that requested the Court Order would like the court to consider dismissing the Order they must come to the Order of Protection Office and complete the required paperwork.

Resources

Call 911 to Report and Emergency  
Phoenix Police Department 602-262-6151
Phoenix Municipal Court 602-262-6421
Phoenix Family Advocacy Center 602-534-2120
Phoenix Prosecutor's Office Victim Services 602-261-8192
Coalition Against Domestic Violence 602-279-2900
Domestic Violence Shelters 602-263-8900