How do I get an Order of Protection when the courts are closed?
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How do I get an Order of Protection when the courts are closed?
If you are in an emergency situation and the courthouse is closed, you may ask any law enforcement agency for help in getting an Emergency Order of Protection (EOP). Like the standard Order of Protection, it provides protective relief, such as granting exclusive use of the home and removing firearms from an abuser. A.R.S. §13-3624(D) provides a list of what an EOP may include.
After contacting law enforcement, the officer you speak with must have a reasonable belief that you are in immediate and present danger of domestic violence based on a recent incident of domestic violence under A.R.S. §13-3601. (A.R.S. §13-3624(C)) If this is the case, the officer contacts a judge who is on duty. From there the judge will read the EOP and speak to you to evaluate the situation. The EOP may be authorized in writing or verbally, and must be served on the defendant to be effective.
An Emergency Order of Protection only lasts for 7 days. (A.R.S. §13-3624(E)) To replace an EOP, you may file for a standard Order of Protection on AZPOINT anytime the court is closed and appear at the courthouse during their open hours to complete the process.
NOTE: If you have been given an EOP and need continued protection, you must file a petition for an Order of Protection within 7 days.
