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truthfinder
truthfinder, Truth Finder
Category: Legal
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How do i file a restraining order in Arizona or Maricopa cou ...

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How do i file a restraining order in Arizona or maricopa county against my ex-husband who lives in Oregon, but has threatened physical harm to me and my son through voice mails and text messages and has ties in my community to come here?
Submitted: 7 years ago.
Category: Legal
Expert:  truthfinder replied 7 years ago.

Go here to get all the info you will need to file the order:

http://www.womenslaw.org/AZ/AZ_how_to.htm

And here is more detailed information on what types of records to keep, such as voicemails or recordings of his threats:

http://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=4&qid=185

If you need further assistance, please contact me with additional info or questions. Good luck & God bless!

Customer: replied 7 years ago.
I apologize but to be honest that answer was extremely vague and all it did was connect me to a website that was even more confusing and really didn't answer my question if i can even do this at all. Maybe it's me but i didn't find the website too helpful it didn't tell me where to go, and didn't answer if i can even get a restraining order in Arizona and have it served in Oregon. I am very frustrated i can't get a simple answer. I live in the Ahwhatukee area of Phoenix and i don't know where to go in my area. It only lists the courthouse in downtown central Phoenix, so is that where i go or is that just what comes up because i'm not specifically putting ahwhatukee. I am not very satisfied with this answer i apologize.
Expert:  truthfinder replied 7 years ago.

*******PLEASE READ THE ENTIRE ANSWER*******

(I have also included the courthouse information and locations at the bottom of this page.)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I apologize that you were confused by the information provided. I sent you the first site to show you the qualifications of filing a protective order...so that you could see what type of order was best for you to file in your situation (this site goes into great detail about the different types of orders and which one is best for your situation). As far as where, as it stated, you must file at the court house in the county in which you reside (that would be the Maricopa Courthouse, unless I am wrong and that is not your county as you put in your question) and the site I provided even gave you a link to get the forms to fill out ( Download Court Forms ) as well as resources in your area that could help you, such as legal assistance and domestic violence organizations (AZ Links & Resources ) these two links were together on the page...I am sorry you did not see them; perhaps you did not read the information on the page thoroughly as they were down further again in the section that laid out completely the steps to obtaining the order...here they are again for you:

What are the steps for obtaining a "permanent" Order of Protection?

Step 1: Go to the nearest court and apply. As soon as possible after the abuse occurs, go to the court nearest to where you live. You can obtain a petition during normal business hours, Monday through Friday. To find the courthouse nearest to you, go to AZ Courthouse Locations and Info.

In most cases, you can obtain an Order of Protection from any civil court in Arizona. However, if you have filed for:

  • paternity,
  • maternity,
  • annulment and/or
  • divorce (legal separation or dissolution of marriage),

you have to petition for an Order of Protection from the Superior Court in which your cases are pending. Remember that an Order of Protection won't address child custody or visitation, even if you get it from the Superior Court.

At the courthouse, tell the clerk that you would like to file a Petition for an Order of Protection. You must tell the Court if there are any other Court proceedings between you and your abuser or any other Court orders in effect. It does not matter if the Court proceedings are going on now, or if they happened in the past. Tell this Court about all of them. If you've filed for divorce but it hasn't gone through yet, you have to obtain an order through Superior Court.

Note: If you need protection and the courts are closed, or you need protection before getting to a court, call the police. A police officer may be able to help you get an Emergency Order of Protection if you are in immediate danger.

Step 2: Bring identification and information about your abuser. It is helpful to bring the following information about your abuser, if you have it:

  • a photo
  • addresses of residence and employment
  • phone numbers
  • a description and plate number of your abusers' car
  • history of drugs or gun ownership

Remember to bring some form of identification (a driver's license or other identification that includes your picture).

Step 3: Fill out the necessary forms. The clerk will provide you with the forms that you need to file. On the "Petition for Order of Protection," you will be the "plaintiff" and your abuser will be the "defendant."

Write briefly about the most recent incidents of violence, using descriptive language words like "slapping," "hitting," "grabbing," "threatening," "choking," etc - that fits your situation. Include details and dates, if possible. Be specific. You should be sure to write down:

  • why you need protection. Your explanation should include specific acts that have occurred within the past year.
    • Note: You may be able to include events from more than a year ago if your abuser is out of state, in jail, or if "good cause" is shown.
  • the abuse, threats and/or injuries you received from your abuser, and when they happened
  • any domestic violence charges you've filed in the past
  • whether you or your abuser have, or had, other Orders of Protection
  • whether your abuser is in jail or police custody
  • an accurate physical description of your abuser, so the Order can be served
  • a valid home or work address where your abuser can be found, so the Order can be served
    • If you do not have his address, you can still file for the Order

You can keep your home, work and other addresses confidential if your abuser does not know them. However, you do have to give a mailing address so that the Court can contact you if there are future hearings. Make sure to tell the clerk of court if you would like to keep your address confidential.

You can find links to forms online on the Download Court Forms page or you can get them from the court clerk. You may also be able to get these forms by calling a local domestic violence organization or legal aid office. Most domestic violence prevention organizations can provide support for you while you fill out these papers. (Go to AZ Links & Resources to find an organization in your area.)

Remember, clerks, magistrates, Victim's Assistance and court advocates might be able to show you which blanks to fill in, but they cannot help you decide what to write. A local advocate can help you with this decision.

Note: Do not sign the Petition until you have shown it to a clerk, because the form may need to be notarized or signed in the presence of court personnel.

Step 4: Fill out any other forms that may be necessary. Give all completed forms, including the Petition, to the clerk, who will take them to the judicial officer.

Again, if your abuser does not know your address and you wish for it to remain unknown to him, you may request that your address be protected. If you make this request, your address will not appear on the Petition and will not be subject to disclosure or release.

You should not be asked to pay anything.

Step 5: The "ex parte" hearing.

Once the clerk gives him/her your petition, a judicial officer will review it, hear your sworn testimony and any other important evidence. This hearing will be ex parte -- your abuser will not be in court with you.

At this hearing, a judge can decide to issue a "permanent" Order of Protection, which will usually last one year.

Step 6: Service of Process. Your abuser must be served, or given papers that tell him about the Order of Protection. The Order of Protection does not go into effect until your abuser is served. The clerk of court will tell you where you can go to get your papers served.

If you get an order from a justice court, the court constable can serve the order. If you obtain your order from a municipal (city) court and your abuser can be served within city limits, the city police will serve your abuser. If you obtain your Order of Protection from Superior Court, the county sheriff's office may serve your order, or you may hire someone to serve your abuser for you. You will find links to Arizona Sheriff's Departments on our site. Remember, the police and courts cannot enforce your order until your abuser has been served.

Step 7: Your abuser may request a hearing. As soon as the defendant (your abuser) is served with the Order, it is valid.

However, your abuser has the right to go to court and tell his side of the story. He can do so by requesting a "contested hearing" at any time during the year that the Order is valid. You will not have a contested hearing unless your abuser requests one. If s/he requests a hearing, the court will notify you.

If your abuser does not request a court hearing, you will might not have to go back to court. However, you may have additional court hearings if you want to change or extend your Order of Protection, or if your abuser violates the order. Your abuser may come to those hearings.

If your abuser requests a contested hearing, you must go to this hearing. If you do not show up in court, then the judge might decide that you do not need the Order of Protection and dismiss (drop) it.

At a contested hearing, you and the defendant would both appear before a judicial officer. You will have a chance to tell your side of the story, and your abuser will have the chance to tell his side. When you are at the hearing, you will have to:

  • Prove that your abuser has committed or may commit acts of domestic violence (as defined by the law) against you or your children; and
  • Convince a judge that you need protection and the specific things you asked for in the Petition for the Order of Protection.

You may want to speak with a lawyer or domestic violence advocate before going to a contested hearing. Please see our Links and Resources page for a list of organizations that may be able to help.

You have the right to bring a lawyer to represent you at the hearing. If you show up to court and your abuser has a lawyer and you do not, you may ask the judicial officer for a continuance to set a later court date so you can have time to find a lawyer for yourself.

(If you go back to that site, below this will give you even MORE information about what happens after you file, what can happen if he breaks the order, etc.; it really has a wealth of information for you.)

The order is filed in your state as is good in your state, therefore filing in Oregon is not needed. The order is for when he is in your state, it doesn't affect him while he is there, as it is to protect you where YOU live. You can also file an order for your son as he is a minor (that is also on the site I sent you). Here is the info that the site provided for you on where to file, but I want to make it clearer for you and but it here:

MARICOPA COUNTY
Superior Court
201 W. Jefferson, 2nd Floor
Phoenix, AZ 85003(NNN) NNN-NNNNbr />http://www.superiorcourt.maricopa.gov/

Family Violence Center
101 W. Jefferson, 1st Floor
Phoenix, AZ 85003(NNN) NNN-NNNN/p>

South Phoenix Justice Court
201 W. Jefferson , 2nd Floor
Phoenix, AZ 85003(NNN) NNN-NNNNstrong>

If you are still unsatisfied with this answer, please contact me with more specific questions that you have so that I may have the opportunity to clear them up for you. I wish you great success in protecting yourself and your son and my prayers are with you all! Good luck & God bless!

truthfinder, Truth Finder
Category: Legal
Satisfied Customers: 2292
Experience: I'm a straight forward person w/ a professional manner & drive to find the truth!
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