File Order of Protection Against Domestic Violence

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 not be included in an order of protection if the person against whom you are seeking the order is his/her parent, unless that person has committed domestic violence against the child. You must seek custody orders in a separate action in Superior Court. The person filing the injunction is called the plaintiff. The person whom the injunction is filed against is called the defendant.

An order of protection can be filed against someone that is:

• A spouse or former spouse
• A person you now or did live with
• A parent, grandparent, child, grandchild, brother or sister, parent-in-law, stepparent, stepchild, brother-in-law or sister-in-law, or someone you have a child with
• One party is pregnant by the other
• Romantic or sexual relationship

A petition may be filed in any of the following courts Monday through Friday between the hours of 8:00 AM and 4:30 PM:

• Pima County Superior Court, Clerk’s Office, 110 W. Congress, 1st Floor
• Pima Consolidated Justice Court, 240 N Stone Ave
• Pima County Juvenile Court, Clerk’s Office, 2225 E. Ajo Way
• Tucson City Court, 103 E. Alameda Street, 1^st floor, room 119

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 or visitation or intend to file one of these actions within the next 30 days.

If you currently have an order of protection, you must go back to the court that issued it, unless it was transferred to another court. If it has been transferred, you must go to the court to which it was transferred.

AZPOINT Protective Orders > Home (azcourts.gov)

Online form: Protected Order Forms Online: https://azpoint.azcourts.gov/

Order of Protection Forms (For Informational Purposes Only)

Plaintiff's guide sheet(PDF, 210KB)

If the judge grants the order, a member of the clerk’s staff will complete the paperwork for you. The defendant must be served with the order before it becomes effective. Court staff will explain how to arrange for service. There is no fee for serving the defendant. Once an order has been served, it will be in effect for twenty-four (24) months. It is important to keep a copy of the order of protection with you at all times.

The defendant may file a request for a hearing if they wish to contest the order. If your order of protection gives you exclusive use of your residence, the hearing will be scheduled within five (5) court days of the defendant’s request.  If you do not have exclusive use of your home, the hearing will be scheduled within ten (10) court days. Please bring a valid picture I.D. to the court when making your request for your hearing. If you have a pending family law related action in Superior Court, the hearing will be held in Superior Court. The court will provide you with a copy of the notice of hearing specifying the location, date and time of the hearing.  The court will also provide notice of the hearing to the plaintiff specifying the location, date and time of the hearing. 

Any petition for an order of protection sought against a person who is less than twelve years of age shall be filed in the Juvenile Court and in those cases in which the defendant and the plaintiff are both parties to an open dependency case.

Your order will be sent to the Tucson Police Department, which has chosen to use Nationwide Legal- a process service agency- to serve Domestic Violence Orders of Protection.  Police officers in the City of Tucson do not serve these orders.

 If you have new information about the defendant’s whereabouts, please call Nationwide Legal at 520-288-8939 to inform the process servers, because under ARS§13-3602.I, a law enforcement agency or other authorized agency has a continuing duty to attempt service of a Domestic Violence Order of Protection. 

Tucson Police Department’s current policy is to serve Domestic Violence Orders of Protection only if there is a call for service about an ongoing crime occurring.  They will not respond to serve a Domestic Violence Order of Protection without additional circumstances requiring them to respond to a location.   TPD uses Nationwide Legal and they should be called (520-288-8939) if you need your Domestic Violence Order of Protection served.  This is the Tucson Police Department’s policy, not the policy of Tucson City Court. 

If you have been given a “police packet” with your Domestic Violence Order of Protection, you can give it to a police officer who responds to your location on a service call and ask them to serve the order. 

PROTECTIVE ORDERS

If you have been served with an Order of Protection that includes orders concerning firearms. To comply with the firearms portion of the Order of Protection, you MUST:

1. Not possess, purchase, or receive any firearms for the duration of the Order of Protection.

2. Transfer any firearms you own or possess at the time of service to the Tucson Police Department immediately upon service of the Order of Protection.

3. Transfer any firearms not in your possession at the time of service to the Tucson Police Department within 24 hours of service of the Order of Protection; and

4. File the completed and signed Affidavit of Firearms Transfer with Tucson City Court within two days of service of the Order of Protection or if the Court is closed, you must file the completed form the next day the Court is open.  Return the Form to Tucson City Court, 103 E. Alameda, Room 119.

If you are already prohibited from possessing a firearm, you may want to consult with an attorney for advice. Consulting with an attorney DOES NOT change your obligation to comply with the court order within the ordered time limits. By signing the AFFIDAVIT OF FIREARMS TRANSFER, you are certifying, and under penalty of perjury under the laws of the State of Arizona, that the information you provided in the Affidavit of Firearms Transfer is true and correct.

FAILURE TO COMPLY WITH ALL THE TERMS CONTAINED IN THE ORDER OF PROTECTION COULD RESULT IN CRIMINAL CHARGES FOR VIOLATING A COURT ORDER A.R.S. 13-2810 OR BEING HELD IN CONTEMPT A.R.S. 12-864.

If you have any questions concerning an order of protection, you may obtain information from the courts listed below:

• Tucson City Court 520-791-4971
• Pima County Consolidated Justice Court 520-724-3171
• Clerk of the Juvenile Court 520-740-4412 or 520-740-5025
• Clerk of the Superior Court 520-740-3272 or 520-740-3297

Additional information is also available on the Arizona Supreme Court Domestic Violence Web Page.

For More information about Domestic Violence and other issues:

EMERGE (formally The Brewster Center - Domestic Violence Services)