General Information for Protective Orders
- If the defendant is a minor under the age of 12, the petition must be filed at the Pima County Juvenile Center. The petition names 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.
- Please read the Plaintiff's Guide Sheet carefully before filling out the petition. The petition must be filled out completely before submitting it to the court. Once the petition has been reviewed and you have been before 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 granted the order, a member of our court staff will complete all the required paperwork for you.
- The defendant must be served with the order and the court MUST have a copy of the service 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 become effective for one year from the date the defendant is 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.
- Once the order is served, the defendant has a right to request a hearing. The hearing will be held within 5 business days (Orders of Protection ONLY) if the defendant is requesting exclusive use of the home, otherwise the hearing will be set within 10 business days after a written request has been filed with the court. The court will notify both the plaintiff and defendant on the date and time set for the hearing. A copy of the order will be mailed to the plaintiff with the specific date and time to appear. If the plaintiff does not appear, the order will be quashed (dismissed).
- 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 or modify the order without 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.
DOWNLOAD A PROTECTIVE ORDER PACKET (PDF) - This packet contains the Plaintiffs Guide Sheet for Protective Orders as well as the Petition for Protective Order