An order of protection is a court order intended to prevent acts of domestic violence. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an order of protection. The person you want an order against must have committed or threatened to commit an act of domestic violence within the last year. A child may not be included in an order of protection if the person against whom you are seeking the order is his/her parent, unless that person has committed domestic violence against the child. You must seek custody orders in a separate action in Superior Court.

The person filing the injunction is called the plaintiff. The person whom the injunction is filed against is called the defendant.

I need help filing out a Petition for an Order of Protection or an Injunction Against Harassment who can I contact?  Victim Services at 520-281-5868.

An order of protection can be filed against someone that is: 1) a spouse or former spouse, 2) a person you now or did live with, 3) a person with whom you currently have or had a romantic or sexual relationship, 4) a parent, grandparent, child, grandchild, brother or sister, parent-in-law, stepparent, stepchild, brother-in-law or sister-in-law, or 5) someone you have a child with.

A petition may be filed in any of the following courts Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m.

• Nogales City Court, 777 N. Grand, Nogales, AZ. 85621
• Santa Cruz County Superior Court, 2160 N. Congress, Nogales, AZ. 85621
• Santa Cruz County Justice Court No. 1, 2160 N. Congress, Nogales, AZ. 85621
• East Santa Cruz County Justice Court No. 2,  3147 State Route 83, Sonoita, AZ. 85637

The petition should be filed in Superior Court if you are 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 within the next 30 days.

After 4:30 p.m. weekdays, or at any time on a weekend or holiday, an emergency order of protection can be requested by contacting the Nogales Police Department 520 287-9117 or the Santa Cruz County Sheriff's Department 520 761-7869. In case of an emergency, call 911.

You must complete the paperwork given to you by court staff. An order of protection can only be issued against one person. Each person you want to file against requires a separate petition. There is no fee for filing. After you complete the paperwork, you will be scheduled before a judge who will review your petition and either grant or deny the order.

If the judge grants the order, a member of the clerk's staff will complete the paperwork for you. The defendant must be served with the order before it becomes effective. Court staff will explain how to arrange for service. There is no fee for serving the defendant. Once an order has been served, it will be in effect for twelve (12) months. It is important to keep a copy of the order of protection with you at all times.

The defendant may file a Request for Hearing to contest, change or modify the order. Court staff will then schedule a hearing and all parties will be notified. If your order of protection gives you exclusive right to your home, the hearing will be scheduled within five (5) court days of the defendant's request. If you do not have an exclusive right to your home, the hearing will be scheduled within ten (10) court days.

If you have a pending family law related action in Superior Court, the hearing will be held in Superior Court. However, if there is not a pending matter before the court, the hearing will be held in the Santa Cruz County  Justice Court. The court location is determined by the location of the plaintiff's residence, either city or county.

The court will mail a copy of the notice of hearing to you specifying the location, date and time of the hearing.

Any petition for an order of protection sought against a person who is less than twelve years of age shall be filed in the Santa Cruz County Superior Court and in those cases in which the defendant and the plaintiff are both parties to an open dependency case.

If you have any questions concerning an order of protection, you may obtain information from the courts listed below:

• Nogales City Court, 520 287-3181
• Santa Cruz County Superior Court, 520 375-7700
• Santa Cruz County Justice Court No. 1, 520 375-7762
• East Santa Cruz County Justice Court No. 2, 520 761-7887
• Additional information is also available on the Arizona Supreme Court Domestic Violence website at
  http://www.supreme.state.az.us/dr/dv/dv.htm.