Order of Protection Guide

Order of Protection Guide
Guide Sheet

Please Read Carefully before filling out the Protective Orders Form. This form is applicable in the City of El Mirage only.

1. ORDERS OF PROTECTION:
An order of protection is used for a “family” relationship between you and the defendant. This can include a spouse, past or present live-in, parent, grandparent, pregnant by him, or the parent of your child. Also, you must state how a crime was threatened or actually committed against you within the last year.
2. INJUNCTIONS AGAINST HARASSMENT:
For an injunction, the defendant is not a “family” member and the person committed a series of acts of harassment against you in the past year. However, a “romantic or sexual relationship,” whether or not the parties live together, would be the basis for an Order of protection, rather than an Injunction. INJUNCTION IN THE WORKPLACE. This injunction may be filed by an employer or owner of a business or operation for the benefit of an employee or the business based on a series of acts of harassment. INJUNCTIONS CANNOT BE ISSUED BASED UPON A SINGLE INSTANCE OF HARASSMENT.
3. OTHER PERSONS:
If other persons live with you or there are children you want on the order, be sure to state how they are at risk. Please remember that only Superior Court can decide child custody of visitation. It is possible that you will be referred to Superior Court if needed where children are involved. If your child is at risk by the defendant, you may request to have the child listed on the order.
4. ONE DEFENDANT:
You must list only ONE defendant per application. For multiple defendants you will need to file separate petitions.
5. CHANGING THE PAPERS:
Only the judge can change or cancel an Order or Injunction. To modify an Order or Injunction, you need to come to court to file for an amendment. Once the Order or Injunction is served, if you change your mind about the need for it, please come back to court to request to have it canceled. If you file an action for maternity, paternity, annulment, legal separation, or Dissolution against the defendant, advise the court at once.
6. LAW ENFORCEMENT STANDBY:
If you need to get personal belongings from the Defendant, of if the defendant needs to get personal items from you, ask the court about a “Civil Standby.” Neither the court nor law enforcement can decide property or title questions about furniture, finances, real estate, etc. For these matters, you may need to file a civil lawsuit.
7. SERVICE AND EFFECT:
An Order or Injunction is valid for one year, nationwide, from the date it is served on the defendant. There is no cost or charge to serve an Order of Protection or Injunction Against Harassment involving a “dating” relationship. There may be a cost to serve a regular Injunction or Workplace Injunction. If you cannot afford to hire a process server, ask the court about a “Waiver.”
8. WEAPONS:
If the Defendant has used or threatened to use a weapon against you, there is a box to check on the petition to request that the Judge prohibit the defendant from possessing or purchasing firearms or ammunition while the Order/Injunction is in effect.
9. COUNSELING:
If you believe the Defendant requires Counseling, you may request that the Judge order it; however, counseling for the defendant can be ordered only after a hearing.
10. PUBLIC RECORDS LAW:
As a reminder, under public records law, the information that you provide in your case may be entered into the state computer system or made public on the internet. A copy of your Petition and order is given to the defendant and may be used in future judicial proceedings.