Pima County Protection Order Sample Clauses
The Pima County Protection Order clause establishes legal measures to prevent contact or harassment between specified parties within Pima County. Typically, this clause outlines the conditions under which a court may issue a protection order, such as in cases involving domestic violence or threats, and details the restrictions imposed on the respondent, like maintaining a certain distance or refraining from communication. Its core practical function is to provide immediate and enforceable safety for individuals at risk, thereby addressing concerns of personal security and preventing further harm.
Pima County Protection Order. Issuance Process, pursuant to ARS §13-3602.
1. See Addendum 1.
Pima County Protection Order. Issuance Process, pursuant to ARS §13-3602.
1. Summary of Process [Simplified Description]
a. A person files a verified petition with the County for a protection order for the purpose of restraining another person from committing an act of domestic violence [Hereinafter “defendant”].
b. County court issues a protection order.
c. Physical copy of County-issued protection order is delivered from the County court to the Sheriff's office.
d. Within 3-10 days, the sheriff, a constable, or a certified process server [hereinafter referred to as “County employees”] serves the protection order to the individual to whom it is issued against.
e. The County employee who serves the protection order sends the protection order to Terminal Operations for the County, which can be contacted at (▇▇▇) ▇▇▇-▇▇▇▇.
f. Terminal Operations then inputs the protection order into the NCIC database.
g. Once the protection order is entered into the NCIC database, any peace officer in the country (including state certified peace officers), with access to the database who runs the name of the individual against whom the protection order is issued will see the protection order.
2. Capture of Process based on ARS §13-3602 [Formalized Description]
i. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence:
a. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise.
b. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of ARS §13-3602(G).
c. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff.
d. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff.
e. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection.
ii. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested shoul...