What is a protective order?
A protective order is more commonly known as a restraining order or a no-contact order. In Arizona, there are two (2) types of protective orders that a person can obtain: 1) order of protection; and 2) injunction against harassment.
What is the difference between an order of protection and an injunction against of harassment?
Both protective orders do the same thing in the end by restraining an individual from coming in contact with the person seeking the order and can restrain an individual from being at certain addresses. However, the difference between an order of protection and an injunction against harassment is the relationship between the parties involved.
If the person seeking the order (“plaintiff”) is currently involved in or had a previous close relationship (i.e. spouse, former spouse, child in common, lived or living in the same house, familial relationship) with the person to be restrained (“defendant”), then the proper protective order in Arizona is called an order of protection. Additionally, the plaintiff will have to show that the defendant has committed an act of domestic violence or may commit an act of domestic violence in the future. Arizona’s domestic violence statute can be found at A.R.S. § 13-3601.
If the parties do not fall under the “close relationship” definition, then an injunction against harassment would be the proper protective order. Harassment must include a “series of acts” by the defendant in order for a court to issue the order. This is governed by A.R.S. § 12-1809.
What is AZPOINT?
In 2018 the Arizona Legislature reformed the statute governing the procedures of obtaining and serving a protective order. House Bill 2249 was signed into law by Governor Ducey on April 17, 2018. The Arizona Supreme Court along with other local leaders then created an online portal to make the process easier, safer and faster for those needing to obtain a protective order called the Arizona Protective Order Initiation and Notification Tool or AZPOINT. The bill also created a central registry with the Arizona Supreme Court to better track protective orders once they are issued by the court. Two years later the new online portal opened in Arizona making it easier for victims of domestic violence and harassment to obtain an order of protection or injunction against harassment.
Before this change, a person wanting to obtain a protective order would have to go down to the court and fill out a petition by hand or on a court computer. The process had little guidance and could be very confusing for individuals who were not accustom to the legal words and legal process. After filing out the petition, the person would then go into a courtroom in front of a judge or commissioner who would scrutinize the petition and question the person to decide if the petition met the specific criteria necessary for the court to issue a protective order. If the court issued the protective order, the person would then have to figure out a way to serve the opposing party. The order does not go into effect until the opposing party is properly served by someone authorized to serve legal documents in Arizona. This could prove difficult especially if the victim was still living with the offender. The result was nearly half of all protective orders that were issued going unserved and those that were served took an average of 13 days to be served and another 10 days for the order to be entered into the National Crime Information Center in order to become enforceable.[1]
How do I fill out the petition online?
Under the new system, victims will be able to complete the petition process through AZPOINT portal all online. A person can even save their information up to 90 days and come back to finish the petition later. This allows for more protection for victim of domestic violence that may be living with the offender. The website will walk the victim through a series of questions and fill out the petition. The website even has a “safe button” on the screen allowing victims to click on it and be taken to a completely unrelated screen to ensure privacy and discreetness in case an offender walks in on the victim filling out the information. At the end, the plaintiff chooses which court to send the petition to and AZPOINT submits the petition electronically to that court building. The plaintiff then only must go to court to appear in front of the judge to determine if the petition stands and an order is necessary. This helps ensure safety generally for victims but also the public during the COVID-19 pandemic. The pandemic has seen domestic violence cases spike as couples are around each other in a small area for a longer time than normal.
Here is a video put out by the Arizona Supreme Court that helps walk a person through the AZPOINT process for filling out and filing a petition for protective order. This video was created to especially aid in obtaining protective orders during the COVID-19 pandemic but can be used during all times.
How do I serve the protective order?
The biggest change to the protective order procedures is service of the order. As stated above, the order does not go into effect until the opposing party is properly served by someone authorized to serve legal documents in Arizona. Under the old process, serving the offender proved to be difficult for the plaintiff especially if the victim was still living with the offender. The result was nearly half of all protective orders that were issued going unserved and those that were served took an average of 13 days to be served and another 10 days for the order to be entered into the National Crime Information Center in order to become enforceable.[1]
Now, under the new law, the courts send the order out for service on the defendant immediately through law enforcement. The court does have some discretion and can hold an order for up to 72 hours to allow the victim to put a safety plan in place if necessary. The AZPOINT portal will then also track the order to be if and when it gets served. The new statute requires law enforcement to continue attempting to serve the order even if the named defendant is evading service. By having the order served by law enforcement straight from the court, the process for the victim is safer, more convenient and faster.
Can I get a protective order during the COVID-19 pandemic?
Yes, most courts in Arizona have closed for non-essential hearings but remain open for essential hearings. Obtaining an order of protection has been deemed an essential hearing and, therefore, individuals who are seeking a protective order still have access to obtain one. The process is a little different and some courts may have different hours but to obtain an order, the plaintiff must appear at the court in-person. We have heard that courts are making accommodations and other measures to ensure the public’s safety during the pandemic. We recommend watching the video above and calling the court before going down there.
Can I contest a protective order by requesting a hearing during the COVID-19 pandemic?
Yes, courts in Arizona must hold a hearing on a protective order at the request of the named defendant. The process may differ but the court has to schedule a hearing in-person. We have heard that courts are making accommodations and other measures to ensure the public’s safety during the pandemic when it comes to any in-person hearing. We suggest contacting the court who issued the order with any questions you may have.
[1] According to the Arizona Criminal Justice Commission.