Getting a Chandler protective order served on the other person

Chandler resident walking to court to get a protective order served on the other person

If you are reading this because you are afraid of someone, start here: if you are in danger right now, call 911. A court order is a piece of paper. It helps, but it is not a bodyguard.

If you have the order, or you are about to ask for one, this explains how it gets from the judge to the other person in Chandler, what it costs, and when people bring in a private process server.

Two kinds of order, and where to get them

Arizona has two common protective orders. An order of protection is for domestic violence situations, which in Arizona depends on the relationship between the two people (under A.R.S. 13-3601 that includes a spouse or former spouse, someone you live or lived with, a co-parent, certain relatives, and a current or former romantic partner). An injunction against harassment covers harassment by anyone else, such as a neighbor, a former friend or a stranger. There is also a separate workplace harassment injunction.

In Chandler you can ask for these at the Chandler Municipal Court, 200 E. Chicago St. The city's court page says it handles both orders of protection and harassment injunctions. Under A.R.S. 13-3602, a petition for an order of protection can be filed with a magistrate, a justice of the peace or a Superior Court judge, so the justice courts at 201 E. Chicago St. are another option. If a divorce or legal separation is already pending between the two of you, the Superior Court has exclusive jurisdiction to issue the order.

Chandler's court points people to AZPOINT, the state's online tool that walks you through the petition. Your answers are saved there for up to 90 days, and you can finish the form online before going to court, use it at the court, or fill out a paper petition instead. The court encourages you to speak with a victim advocate before you file. An advocate can help you with a safety plan and explain how the order will be served.

The order does not take effect until it is served

This is the part people miss. A.R.S. 13-3602 says an order of protection "is effective on the defendant on service of a copy of the order and petition." A judge signing it does not stop anything by itself. An order that is not served within one year after it is issued expires, and once served, it lasts two years from service.

Who serves it, and what it costs

Orders of protection

The Arizona Judicial Branch says service of an order of protection is free, and that police or a constable serves it, assigned according to where the defendant lives. For an order issued by a municipal court like Chandler's, state law says it is served by the police of the city or town where the defendant can be found. The court usually sends the order out for service the same day it is granted.

Injunctions against harassment

These are different. The state's AZPOINT guide for people asking for an order says law enforcement serves a harassment injunction based on an act of sexual violence at no cost. There is a fee to serve other harassment injunctions and workplace harassment injunctions, and it depends on mileage and the number of attempts. If you cannot afford it, you can ask the judge to defer or waive the fee.

Where a private process server fits

Most people with an order of protection never need a private server, because law enforcement serves it at no charge. Private servers come into the picture in a few situations:

With an injunction against harassment where the agency's fee, timing or workload is a problem, and you would rather pay a private server to try promptly. Under A.R.S. 12-3301, certified private process servers may serve most papers that a sheriff or constable can, but check with the court that issued your order before you hire one, so you know the court will accept proof of service from a private server.
When the protective order is part of a bigger case. If you have also filed for divorce or legal decision-making in Superior Court, those papers need serving too, and a private server is often used for them.
When the other person is hard to find. Police serve orders where they can find people. If the person has no fixed address, a private investigator can help find them so that service can happen.

Whoever serves, give them a current photograph if you have one, the person's car and plate, work schedule, and any places they are known to be. Tell them if the person has weapons or a history of violence. The person knocking on that door needs to know.

After service

You should be able to find out whether and when the order was served. Ask the court or the serving agency how they confirm it. Keep a copy of the order with you, and if the other person violates it, call the police.

The other person may ask for a hearing to contest the order. Chandler's court has a form for that, and the same form lets the person who asked for the order request changes or a dismissal.

Every process server on Served & Found is on the Arizona Supreme Court's certified list. You can browse process servers working in the East Valley, and our guide to Arizona process server rules explains who can serve what. If a protective order sits alongside a divorce, a private investigator may also help; see private investigators in Chandler. The Chandler page has more local information.

This is general information, not legal advice. Victim advocates in Arizona courts do this every day; use one.

See the board: everyone in Chandler · process servers only.