INCREASE FONT SIZE

A- A A+

FAQ - Domestic Violence and Harassment

How do I get an Order of Protection when the courts are closed?

If you are in an emergency situation, you may ask any law enforcement officer for help in getting an Emergency Order of Protection (EOP). The law enforcement officer must have a reasonable belief that you are in immediate and present danger of domestic violence. The officer will reach out to the local sheriff’s office or the judge 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.

If the judge verbally approves the Order of Protection, the law enforcement officer will complete the EOP form, listing the name of the judge and that the order was verbally issued.

An EOP only lasts until the end of the next court day. So, if a person gets an EOP on Friday night, they have until the end of the day Monday to file a regular Order of Protection. Individuals may file an 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 before the end of the following business day.

What is an Emergency Order of Protection?

An Emergency Order of Protection (EOP) is also a legal order to prevent domestic violence.  An EOP may be granted by a judge in writing, verbally, or by telephone for the protection of a person in imminent and present danger of domestic violence. An EOP is issued when a court is closed. Unless continued by the court, an EOP is valid only until the close of the next business day, following the day the emergency order was issued.  Example: if you receive an EOP on Friday night, it is valid until Monday (unless the court is closed for a holiday).

An EOP may be used to order a person not to commit acts of domestic violence or contact people protected by the order. Like the Order of Protection, it also provides protective relief, such as granting exclusive use of the home and removing firearms from an abuser.

In counties with a population of 150,000 persons or more, the presiding judge of the superior court must make a judge available to issue emergency orders during the hours that the courts are closed. There is no requirement for counties with smaller populations. However, in smaller counties, a judge may issue an Emergency Order of Protection or a Release Order may be issued if the offender is arrested.

Resources:

AZPoint

Forms for filing for an Order of Protection

Legal Info Podcast

Protective Order FAQ

Courthouse Locations

Develop a Safety Plan

Arizona Revised Statute § 13-3624(A)

Search