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Municipal Court

Judge Kathy McCoy
219 North Fourth Street
Kingman, AZ 86401
Phone: (928) 753-8193

Hours:
M-F 8:00 AM to 5:00 PM

 
Orders of Protection

An Order of Protection is a type of protective order that any Judge in the State can issue no matter where the plaintiff or defendant are located. An Order of Protection is issued if one of the following relationships exist:

  • Related by blood: The victim is related to the defendant or the defendant=s spouse by blood (parent, grandparent, child, grandchild, brother or sister)

  • Related by marriage: The victim and the defendant are or were married. The victim is related to the defendant or the defendant=s spouse by marriage (parent-in-law, grandparent-in-law, step-parent, step-grandparent, step-child, step-grandchild,

  • brother-in-law, and sister-in-law).

  • The victim and defendant reside or have resided in the same household.

  • The victim and defendant have a child in common.

  • The victim or the defendant is pregnant by the other party.

  • The victim is related to the defendant or the defendant=s spouse by court order (adopted child).

  • The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant.

  • Romantic or sexual relationship (current or previous).

Orders of protection may be issued for the purpose of restraining a person from committing an act of domestic violence, as defined in A.R.S. '13-3601A. Crimes within the category of "domestic violence" are:

 
13-705 Dangerous crimes against children
13-1201 Endangerment
13-1202 Threatening or intimidating
13-1203 Assault
13-1204 Aggravated Assault
13-1302 Custodial interference
13-1303 Unlawful imprisonment
13-1304 Kidnapping
13-1502 Criminal Trespass (3rd degree)
13-1503 Criminal Trespass (2nd degree)
13-1504 Criminal Trespass (1st degree)
13-1602 Criminal Damage
13-2810 Interfering with judicial proceedings
13-2904 Disorderly Conduct (A1, A2, A3, or A6)
13-2916 Use of telephone to terrify, intimidate, threaten, harass, annoy or offend
13-2921 Harassment
13-2921.01 Aggravated harassment
13-2923 Stalking
13-3019 Surreptitiously photographing, videotaping, filming or digitally recording a person
13-3601.02 Aggravated domestic violence
13-3623 Child or vulnerable adult abuse

An Order of Protection may:

  • Prevent the defendant from committing an act of domestic violence

  • Grant one party exclusive use and possession of the parties= residence if there is a reasonable cause to believe physical harm may otherwise result.

  • Restrain the defendant from contacting the plaintiff or other specifically designated persons and coming near the residence, place of employment, or school of the plaintiff or other designated persons, if there is reasonable cause to believe physical harm may otherwise result.

  • Prohibit the defendant from possessing or purchasing a firearm for the duration of the Order, if the Court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, and if possession of a weapon is prohibited, order the defendant to transfer any firearm owned or possessed to the appropriate law enforcement agency for the duration of the Order.

  • If the Order was issued after notice and a hearing at which the defendant had an opportunity to appear, require the defendant to complete a domestic violence offender treatment program.

  • Grant relief necessary to protect the victim or other specifically designated persons from harm.

The Order must be served within one year and is valid for one year after service of the original Order. A violation of the Order should be reported to the law enforcement agency that has jurisdiction and may result in the arrest and prosecution of the defendant.