RESTRAINING ORDERS

What is a restraining order and how can it help me?

A restraining order is a legal restraint used to prohibit a person from committing acts of violence or from contacting the person protected under the order. Although this order is endorsed by the courts and enforced by law enforcement; it is only a piece of paper. You must also take steps to insure your safety.

A person who believes her/his safety is in danger due to an assault can ask the court for an Order of Protection or an Injunction Against Harassment.

Which order should I file?

There are two types of restraining orders that help provide
protection from unwanted contact. 

1.           Orders of Protection

2.           Injunctions Against Harassment

The type of order filed depends on the type of relationship you had or have with the person who caused you harm.

Orders of Protection

Apply to:

• spouse or former spouse.
• intimate partner with whom you live or have lived (includes same sex couples).
• family member (or family member of current spouse).
• someone with whom you have a child.
• someone with whom you have a child or by whom you are pregnant.

Injunction Against Harassment

Apply to:

• someone you have dated but with whom you have not lived.
• non-familial person (someone to whom you are not related).
• non-family roommate who never had any kind of intimate relationship with you.

ABOUT BOTH ORDERS

• Both orders are registered with law enforcement.
• Both types of orders are effective for one year.  They may be renewed, depending on the situation.
• The person being served may contest the order. He or she has a right to be heard in court as to why the order should not be issued. If the petitioner is notified that the defendant has a
  hearing scheduled to contest the order, the petitioner must appear in court or the order will be dismissed.
• The defendant may be arrested if law enforcement has probable cause to believe an Order has been violated.

WHERE TO GET ONE

Orders of Protection and Injunctions Against Harassment can be obtained at any local City Court, UNLESS there are pending actions through a higher court (such as divorce, paternity, custody, or separation). In these cases, an Order of Protection must be filed through Pima County Superior Court.

If there are criminal charges pending through another court, it is recommended that you obtain a restraining order through that same court, or through the Pima County Justice Court.

Tucson City Court - 103 E. Alameda, 1st Floor

(520) 791-4971 • Hours: Mon-Fri 8am - 4pm

Pima County Justice Court - 115 N Church Ave, 2nd Floor

(520) 740-3171 • Hours: Mon - Fri 8am - 4pm

Pima County Superior Court - 110 W Congress St, 1st Floor, #7

(520) 740-3210 • Hours: Mon-Fri 8am - 4pm

For cases in South Tucson, Marana, Oro Valley, Sahuarita, and other jurisdictions within Pima County, Orders can also be obtained through Pima County Justice Court unless there are other pending actions, refer to Pima County Superior Court.

ORDERS AGAINST A MINOR UNDER 12:  These must be obtained at Juvenile Court.

IN TRIBAL JURISDICTIONS:  Service of process must be made through the tribal court system or tribal law enforcement. This will depend on the law of the particular tribe.

What information do I need?

• To obtain an Order of Protection or Injunction Against Harassment you will need:
• The name, date of birth and address, if known, of the person from whom you are requesting protection (the defendant) and, if possible, any other address where that person can be reached.
• The dates and facts of the assault, or why you believe that further harm may occur without protection.
• A safe address and phone number where you may be contacted so the court can notify you if a hearing is scheduled or if there is a change of the hearing date.
• Additional helpful information includes a physical description, Social Security Number, and aliases.

How much does it cost?

By law, there are NO authorized filing fees and NO authorized fees to have the Order of Protection served.  Additionally, by law there are NO filing fees for an Injunction Against Harassment and, if there is a dating relationship involved, there are NO authorized fees to have the Injunction Against Harassment served.

Who can help me file an order?

EMERGE! Center Against Domestic Abuse has advocates that can help you complete the petition, answer your questions, and assist you through this process.  Please call to make an appointment with an advocate.

EMERGE! – Voices Against Violence: (520) 881-7201

EMERGE! – Su Futuro: (520) 573-3637

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