Obtaining an Order of Protection
NOTE: If you have a petition for dissolution or custody case pending, you MUST file in Pima County Superior Court, NOT Oro Valley Magistrate Court.
It is against the law for one person to physically abuse another. If you have been beaten, hurt or threatened by your spouse, ex-spouse, partner or other family member help is available. Spouses, ex-spouses, partners and close relatives who live or have lived together may request an Order of Protection from a judge. The Order is effective when served on the abuser and prohibits further acts of domestic violence. You may also request that your abuser be ordered to move out of the home.
There is no fee for filing the Order. The Order remains in effect for twelve (12) months and may be renewed if needed. The abuser has the right to request a hearing to contest an order of protection.
An Injunction Against Harassment may be obtained by persons not covered by the Order of Protection. These documents can be filed in addition to the criminal charges.
ALL the following forms (4 pages) need to be filled out in order to start the process to obtain an order of protection or injunction against harassment:
- Plaintiff's Guide Sheet for Protective Orders
- Protective Order Petition
- Service of Process Information Form
For assistance in obtaining an Order of Protection or Injunction Against Harassment, please go to one of the following courts:
Tucson City Residents
South Tucson Residents
Pima County Residents
Oro Valley Residents
How is the Defendant Served?
If the Judge issues the Order of Protection or Injunction against Harassment, you must have the defendant served with the order before it will be effective. Once an order has been served, it will be in effect for twelve (12) months.
You may use a private process server..OR..You may use the Constable.
If you use a private process server you are responsible for delivering the defendant's copy of the order to the process server and for paying the service fee and mileage.
If you elect to have the Constable serve your order, you will be billed for a service fee and mileage. The mileage charge is calculated using the one-way distance from the Court to the location where the order is served. You will be charged for each attempt to serve. Reliable information about the defendant's address and times to serve could save you money. These fees are lower than what has been set by the State Legislature and are subject to change at any time.
The Constable will attempt to serve your order Monday-Friday, from 9 a.m. to 4 p.m. Depending upon the availability of the defendant, it may take several weeks to serve your order.
IF YOU DO NOT PRESENTLY KNOW WHERE THE DEFENDANT IS, OR DO NOT HAVE AN ACCURATE ADDRESS, you should keep the certified copy of the order. As soon as you learn where the defendant is, you can contact a private process server or the police, so that they may attempt to serve the defendant.
IF THE DEFENDANT IS IN JAIL, the Constable will serve the order. Unless the Judge has ordered that the service fee be waived, you will be billed a flat fee for this service, If the defendant is in the process of being released, there may not be enough time to have service completed.
In an EMERGENCY SITUATION Call 911. Any Police Officer can serve your order. Unless the Judge has ordered that the service fees be waived, you will be billed for the service fee.
Once an order has been served, it will be in effect for twelve (12) months.
The defendant may request a hearing on the order one time during the six months in which it is in effect. A hearing will be held within 10 days from the date requested unless the court finds compelling reasons to continue the hearing. If you (the plaintiff) have been granted exclusive use of the residence the hearing will then be held within 5 days.
If during the period of time your order is in effect your circumstances change, you must appear in person to request a possible modification to your order.
If a petition for dissolution or separation of marriage is filed, you must notify the court immediately and the proceeding will be transferred to superior court.
Violation of the Court Order is a Criminal Charge
If the defendant violates the court order you should CALL 911 FOR ALL EMERGENCIES
A decision to file criminal charges is made by the Prosecutor's Office, NOT by the court.