Civil Protective Orders
Protective Orders:
NOTE: Orders of Protection, Injunctions Against Harassment and Injunctions Against Workplace Harassment may be issued by any court in the state of Arizona.
Orders of Protection, Injunctions Against Harassment and Injunctions Against Workplace Harassment may be obtained at the Sahuarita Municipal Court Monday through Friday. Please contact the court at 520-344-7150, before appearing to ensure Judge availability.
You can request one of the following types of Protective Orders:
Order of Protection is used for a “family” relationship between you (the plaintiff) and the Defendant (other party). This can include any of the following: 1) married now or in the past, 2) live together now or lived together in the past, 3) parent of a child in common, 4) one of you is pregnant by the other, 5) you are a relative (parent, in-law, brother, sister, or grandparent), or 6) current or previous romantic or sexual relationship.
Injunction Against Harassment is used if the defendant has committed a series of acts (more than one) of harassment against you in the last year. An injunction against harassment prohibits a person from harassing, annoying or alarming another person, or directed at a specific person, without serving a legitimate purpose.
Injunction Against Workplace Harassment may be filed by an employer or owner of a business or operation for the benefit of an employee or the business against a single act or series of acts of harassment.
What is an Order of Protection:
An order of protection is a court order intended to prevent acts of domestic violence. The person you want the order against must have committed or threatened to commit an act of domestic violence within the last year. A child of the defendant may not be included in an Order of Protection unless the Judge finds reasonable cause to believe that physical harm has resulted or may result to the child or the alleged acts of domestic violence involved the child. The petition for order of protection should be filed in the Pima County Superior Court if you are currently 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.
What is an Injunction Against Harassment:
An injunction against harassment prohibits a person from harassing. annoying or alarming another person. Harassment would be a series (more than one) of acts that are continuous or spread out within a year.
What is an Injunction Against Workplace Harassment:
This injunction may be filed by an employer or owner of a business or operation for the benefit of an employee or the business against a single act or series of acts of harassment.
General Information for Protective Orders:
If the defendant is a minor under the age of 12 years old, the petition must be filed in the Pima County Juvenile Court.
If the order is for a minor, the petition shall name the parent or legal guardian as the plaintiff and the minor as a protected party.
A protective order can only be issued against one person. Each person you want to file against requires a separate petition. A copy of your petition will be given to the defendant and may be used in future judicial proceedings. There is no fee for filing.
Please read the plaintiff’s guide sheet carefully before filling out the petition. The petition must be filled out complete before submitting it to the court. Once the petition has been reviewed and you have seen the Judge, the Judge will decide if there is sufficient evidence to grant the order. If the order is not granted the process is complete. If the Judge grants the order, a member of our court staff will complete all the required paperwork for you.
The defendant must be served with the order before it becomes effective. Court staff will explain the process on how service can be made on the defendant. There is no fee for service on orders of protection. Once the order is served it will be in effect for one (1) year from the date the defendant gets served and is enforceable by law enforcement in any state or tribal nation in the United States. It is important to keep a copy of the order with you at all times, and provide copies of the order to the appropriate people.
If the defendant disagrees with this protective order, he/she has the right to request a hearing, which will be held within 5 business days ( for order of protection only- if the defendant is requesting exclusive use of the home) or the hearing will be scheduled within 10 business days after a written request has been filed in the court that issued this order. If you (plaintiff) do not appear at the hearing, your order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearing dates and times. The court will notify you (plaintiff) by phone to make sure that the date and time is acceptable to both you and the defendant and will follow up with a copy of the order by mail, specifying the date and time.
Only a Judge can modify or quash (dismiss) a protective order. If a request for a hearing has already been submitted by the defendant, the Judge cannot change the order without having a hearing where both parties are present. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues.
CLICK HERE FOR PROTECTIVE ORDER PACKET - This packet contains the Plaintiffs Guide Sheet for Protective Orders as well as the Petition for Protective Order
