How to Serve a Temporary Restraining Order in Arizona
A restraining order prevents a specific person from committing violent acts against another or coming near the protected individual's school, workplace or home, and it even prevents the defendant from legally obtaining weapons. In Arizona, valid reasons for obtaining a restraining order include, but are not limited to, harassment, violence, intimidation, threats, stalking, kidnapping, unlawful use of the telephone, surreptitious videotaping, criminal damage, endangerment, custodial interference, child or vulnerable adult abuse, criminal trespass and crimes against children.
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Instructions
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Gather your identification and any identification of the person whom you are seeking protection against. In your case, your state-issued identification card will suffice. To identify your attacker bring a photo, if possible. Also take note of any other identifying information such as physical characteristics; birth date; age; the make, model and color of the person's vehicle; license plate information; home address; work address; and any history of violence toward yourself or others.
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Go to a municipal court and request a petition for an order of protection from the court clerk's office. If you have recently filed for divorce, annulment or paternity, you will need to request the restraining order with the closest superior court.
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Complete the forms to order the petition. These forms specifically pertain to the reason why the petition is being requested. List any incidents of violence, harassment or other abusive incidents. Be specific; list dates if possible.
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Give a sworn statement. Once the forms are complete, you will need to give a sworn statement before a judge and recount the details as listed in the form and answer any other questions from the judge regarding your interest in the restraining order. The judge will typically make a decision at the end of the hearing. If the restraining order is issued, it will be active and enforceable for one year from the date the order was served on the defendant.
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Serve the defendant. A private process server may serve the defendant with the order or the local police department or sheriff's office. If using a process server, you will be responsible for delivering the defendant's copy of the order to the process server. There will be fees to hire a process server. If using a law enforcement agency, contact the judicial process detail branch of the agency and request that the order be served to the defendant. There is no fee to use the law enforcement agency. If the defendant is currently incarcerated, you will have to hand deliver the order to the jail and request a jail attendant serve the order.
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Attend a contest hearing. The defendant has the right to contest the restraining order. If he does, you will need to go back to court for the contest hearing or the protection order could be dismissed.
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