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Child & Spousal Support

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1. How do I sign up/modify the mandatory electronic payment card or direct deposit?

The Support Clearinghouse will only issue two (2) live checks to the Custodial parent.

If the Custodial parent does not sign up for an electronic payment card (EPC) or direct deposit after two (2) live checks have been issued, the Support Clearinghouse will automatically send out a “Way2Go” electronic payment card to the address of record.  Activate your card immediately upon receipt.

To sign up for free text and e-mail alerts, or to view frequently asked questions, GoProgram.com or call 833-915-4041.

(The Clerk of the Superior Court has no affiliation with the electronic payment card and is not responsible for any fees associated with the use of the card.)

Direct Deposit

If you choose to have your support payments received by direct deposit you must check the box on the form. You cannot have a card and direct deposit.

You must fill out and submit the Electronic Payment Authorization/Direct Deposit Form (PDF) to the Clerk of the Superior Court Support Department along with a voided check and/or letter from your banking institution with your name, your account number and routing number.  Payments can be deposited in your checking or savings account.

Note: Change of Address (PDF) must be in writing. You must notify the Clerk within 10 days. The Clerk of Superior Court staff cannot accept address updates over the phone.

Modify Electronic Payment Card or Direct Deposit

You must complete a new Electronic Payment Authorization/Direct Deposit Form (PDF).

Please allow 2 to 3 weeks for processing.  Do not change your account or cancel your card until payments have applied to your new account or you have activated your new card.  (If your card has been lost or stolen, contact GoProgram.com immediately).

Important: If your case is enforced by the Department of Child Support Services you can print out the form; however you will need to mail the completed form with all required documentation to:

AZ Support Distribution Unit
Attention: EPC Unit
PO Box 36626
Phoenix, Arizona  85067-6626

2. What is the Support Payment Clearinghouse and what is the address to mail payments?

Effective December 1, 1998, unless the court has ordered otherwise, all support payments are made payable and processed by the Support Clearinghouse.

The Support Payment Clearinghouse receives and disburses all monies, including fees and costs associated with support and maintenance payments.

The Support Payment Clearinghouse does not enforce support payments.

Please contact the Support Payment Clearinghouse by email at [email protected]

Note: You will need your ATLAS case number available when contacting the Support Payment Clearinghouse automated phone system. Please contact your local Clerk’s Office for your ATLAS number or your case worker at the Department of Child Support Services (DCSS).

Address

If you are self-employed and/or do not have a court ordered Income Withholding Order through your employer and/or are waiting for your employer to process the Income Withholding Order, you must mail your payments to the Support Payment Clearinghouse:

Support Payment Clearinghouse
PO Box 52107
Phoenix, Arizona 85072-2107

Checks and/or Money Orders are made payable to the Support Clearinghouse and must include the ATLAS number.

If you need your ATLAS number and your support and/or maintenance case is through Pinal County you can contact the Support Department at 520-866-5321.

(Related A.R.S. §25-510 and §46-411).

3. How do I make an Online payment for support?

Arizona iPayOnline

A convenient, secure and easy way for individuals and employers to schedule and make child support payments via the web using funds from their bank account(s). To view features or frequently asked questions and to get started, register on the iPayOnline website.

Need assistance when registering? Call the Customer Service Line at 602-843-1230 or 844-518-4385 toll free.

(The Clerk of the Superior Court is not responsible for the maintenance of Arizona iPayOnline and cannot assist with questions as to the functions of Arizona iPayOnline.)

4. Where can I make payment inquires?

If available, please have your 12-digit ATLAS number ready when you call. If not, staff will be asking for your social security number to properly locate your case. The Clerk’s Office cannot give out any information to a third-party.

The Clerk Office is unable to access payment information for IV-D cases. Please contact your case manager at the Department of Child Support Services. The Pinal County local number is 520-251-5900.

Court order support/maintenance payments not enforced by the State please contact your local Clerk’s Office. For Pinal County Superior Court cases please contact the Support Department at 520-866-5321.

Other resources to check for payments:

• Support Clearinghouse – [email protected]  

5. How can I request an Arrearage Calculation or Payment History for my case?

Support staff can only complete an Arrearage Calculation on Non IVD cases.  A case is considered non IV-D if neither party to the case has received cash assistance (i.e. AFDC or TANF) in the past, nor had applied for IV-D State services (i.e. establishes paternity, establishes or enforces support).  If you are unsure if your case is state enforced you may visit Child Support Services.

Please fill out the Arrearage Calculation Request form (PDF).

View the Arrearage Calculation Request form for fees.

Certified Official Payment History

The Official Payment History is a detailed report containing multiple pages often used by the Court and/or other entities requiring a certified document.  The Official Payment History is a complete history from the first payment forward.  (Unless an affidavit of direct payment was received any payments made directly to the party will not reflect on this report).

Please fill out the Payment History Request form (PDF).

View the Payment History Request form for fees.

6. How can I obtain payment history/arrearage information without having to pay for the services?

Summary Payment History

The Summary Payment History is available online through the Online Summary Payment History Request. A summary payment provides a list of the monthly amounts paid during the current year and the previous year.  The summary is a short version of the Official Payment History and will not be certified.

You will need your 12-digit ATLAS number and the zip code on record.

7. How do I change my address and/or name with the Court?

What You Need to Do

If you want to process a change of name and/or address for our records, you may fill out the "Change of Address" form and submit it to the Clerk's office at one of the following offices:

In-Person

• Florence – Main Office
  971 N Jason Lopez Circle Building A
  Florence, Arizona  85132
  Phone: 520-866-5321
• Casa Grande – Satellite Office
  820 E Cottonwood Lane Bldg B
  Casa Grande, Arizona  85122
  (Closed for lunch between 12:00 p.m. and 1:00 p.m.)
• Apache Junction – Satellite Office
  575 N Idaho Road Suite 109
  Apache Junction, Arizona  85119
  (Closed for lunch between 12:00 p.m. and 1:00 p.m.)

Mail

Pinal County Clerk of the Superior Court
Support Department
PO Box 628
Florence, Arizona  85132

What You Need to List for an Address Change

For a change of address, please list your ATLAS number, court case number, old address and new address, names of both parties, daytime phone number, and effective date of move.  Please date and sign the written information.

If your address is protected per a court order, make sure to check the box located on the form.

What You Need to Provide for a Name Change

You must include your ATLAS number, court case number, names of both parties as shown on your divorce/court order, your new name, daytime phone number and effective date of change.  Please date and sign the written information.

View the Change of Address Form (PDF).

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Civil

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1. I want to file a lawsuit against someone. Can you tell me how to do it?

Although we cannot provide legal advice, we can provide information regarding civil actions.  Usually, a civil action starts by a Plaintiff filing a complaint. There will be a filing fee due when the complaint is submitted to the court. Access our fee schedule.

There are additional steps in the rules of civil procedure that are required. Court customers may wish to contact an attorney for further information.

2. I was served with this complaint and summons. What do I do now?

The party should follow the instructions in the summons. If the party files an answer, it must be submitted to the Court in writing. After the answer is filed a conformed copy must be sent to the other party. There will be a filing fee to submit the answer to the court. Click Here to access our fee schedule. Parties unsure how to file an answer may contact an attorney.

The Clerk of the Superior Court does not carry a specific form to file an answer to a civil complaint. When parties wish to submit a pleading to the Court and the Clerk of the Court does not have the form, you may utilize the Blank Title Page (PDF) to draft your answer. 

3. How long do I have to answer a complaint?

The time to file an answer to a civil complaint is twenty (20) days from the date the party is served or accepts service, if it is in state. If it is out of state, the party has thirty (30) days to file an answer. If the last day falls on a weekend or holiday, the party has until the end of the next business day to file an answer.

4. How do I file for default?

The party can file an Application for Entry of Default and Entry of Default (20) days after the other party has been served (30 days if they were served out of state). After filing the Application for Entry of Default and Entry of Default with the Court, the party must send a copy to the other party. The entry of default does not take effect for 10 business days after filing the application.

Pinal County Superior Court currently provides an Application for Entry of Default and Entry of Default form (PDF). 

5. I received a notice stating that my case has been placed on the inactive calendar. What am I supposed to do now?

Inactive notices are sent when there has been no action/activity on the case, or there has been no service on the case. The notice explains the options available to the parties and the parties must choose the option that best fits their situation. Parties who are not sure what to do may want to consult an attorney.

6. How do I subpoena someone?

A subpoena is issued by the clerk’s office. The clerk’s office does not prepare the form. The party wanting the subpoena needs to prepare the form and have it issued by the clerk’s office and make arrangements to have it served. There is a fee at the clerk’s office for the issuance of a subpoena.

Pinal County Superior Court currently has a subpoena packet (PDF) available. 

7. Once a judgment is obtained, how long before I get my money?

A judgment gives the winning party a lien against the losing party, but the judgment and lien do not guarantee voluntary payment. The winning party may pursue collection through various legal forms of execution, but these can be complicated. The party may want to contact an attorney, as there could be more options available.

8. I recently moved, how do I update my address with the Court?

All parties involved in court cases should update their address immediately. The Superior Court currently has a Change of Address form (PDF) available. You may print and complete the form then submit to the clerk for filing.  Once the Clerk's office receives the form, we will update our records and any future correspondence will be sent to the address you provided. All parties on the case should also be made aware of your new address.

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Court Hearings & Continuing a Hearing

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1. Do I have to be in Court today?

Court personnel may review whatever notice the party has to determine whether the party must appear in court and where the hearing (if any) will be held. Court personnel may also have access to the judicial calendar for the time periods in question.

2. I have a hearing scheduled that and I am unable to attend. Can I reschedule (continue) my hearing to a later date?

1. The Judge decides whether or not to continue a hearing. The party may file a written request and/or motion with the Superior Court. After the request and/or motion has been filed the requesting party must provide a conformed copy of the request/motion to the other parties involved in the case.
2. All requests/motions to continue a hearing must be submitted at least 2-3 weeks prior to your court hearing.
3. By submitting a request/motion to continue, this does not mean you’re hearing is continued. The hearing is officially continued when it is granted by the Judge. View Motion and Order to Continue Form/Packet (PDF).

3. I just had a hearing before the Judge, when will I receive my minute entry?

The department standard for the Clerk of the Superior Court is that all minute entries are completed and mailed five (5) days after the hearing.

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CP-Training

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1. Can I make my payment online?

Yes. Click here to make your payment.

2. What time does your office close?

The Florence office closes at 5:00 p.m.  Satellite offices close at 4:30 pm. We open at 8:00 a.m. and are closed weekends and major holidays. 

3. What time does your office close?

We close at 5:00 P.M.

4. What time does your office close?

We close at 5:00 pm

5. What time does our office open?

Our office opens at 8:00 a.m.

6. Can I bring pets into the Clerk's Offices?

Only service animals are allowed.

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Criminal

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1. I have just moved, how can I update my address with the Court?

All parties involved in court cases should update their address immediately. The Superior Court currently has a Change of Address form (PDF) available. You may print and complete the form then submit to the clerk for filing. Click on the link below to access the form.

2. What is a public defender?

A public defender is an attorney who represents a person who is accused of a crime who cannot afford to hire an attorney. Pinal County currently has a public defender office that has a number of attorneys on staff. Pinal County also contracts with private attorneys to provide services to the accused who cannot afford to hire an attorney. For more information, court customers may contact the public defender’s office at 520-866-7199.

3. Will the county attorney represent me?

The county attorney will represent the State and its municipalities in criminal cases. For more information, court customers may contact the county attorney or prosecuting agency at 520-866-6271.

4. My relative got arrested. Who do I talk to?

If the defendant has an attorney, the relative may contact the defendant’s attorney. Court personnel may provide public information, such as upcoming court dates and how to post bond. In some cases, the arresting agency can provide terms of release or other information and may be able to accept bond.

If a person wishes to post bond for a defendant, Pinal County Superior Court currently provides helpful information for posing bond through the Court. View Requirements for Posting Criminal Bond(s) (PDF).

5. I posted bond for someone. How and when can I get my money back?

The bond will be exonerated (released) after the conclusion of the case or when ordered by the court. The court must have a current mailing address to return money, which usually occurs within 10 business days from the exoneration (release) of the bond.

If (15) days from the exoneration date has passed and you have not received your cash bond, please contact the Pinal County Clerk of the Superior Court Finance Department at 520-866-5340 or 520-866-5397.

6. How do I clear my record and get my rights restored?

A first-time offender, convicted of a single felony count, does not need to petition the court for restoration of civil rights. Civil rights are automatically restored upon successful completion of all aspects of sentencing, including payment of all court ordered fines, fees and restitution. The right to possess firearms requires petitioning the sentencing court. The Judge will determine whether or not to grant the request. If the party served time in prison, two years must have passed since the date of absolute discharge before becoming able to file for restoration of civil rights. To restore civil rights, the party may apply to the sentencing court to vacate the judgment of guilt, dismiss charges and/or restore civil rights in Arizona.

Pinal County Clerk of the Superior Court currently provides a packet with instructions and forms to petition to restore your civil rights. Access the Restoration of Civil Rights Application Packet (PDF).

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Exhibits

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1. I have exhibits for my trial and/or hearing, how do I submit them to the court?

1. All exhibits must be accompanied by a description list. The list must include the case number, name of the party presenting the exhibit(s), case caption (i.e. Doe vs. Doe) and the hearing date the exhibits will be used at.
2. The description list must numerically identify each exhibit, along with a brief description of each exhibit attached to it.  (i.e. #1 Tax Returns for 2019, #2 Photo of living room furniture, #3 Pay Stubs for January 2021)
3. Each exhibit behind the description list must be clearly defined and separated from other submitted exhibits, either stapled together and/or adjoined by paper clips, or behind a separate sheet of paper listing the corresponding exhibit number.  Clearly identifying and separating your exhibits will reduce any confusion as to what exhibits belong to one another.   For example, if you are submitting 5 separate documents to support your income, each document should be separated to avoid a page of your Tax Returns being attached to an Affidavit regarding your income.   Each exhibit must be numbered and in the correct order as listed on the description list.
4. Exhibits can only be submitted and accepted at the Florence Office location.  Our Satellite locations cannot accept exhibits.
   The physical address is:
   Pinal County Justice Complex
   971 N. Jason Lopez Circle Bldg. A
   Florence, AZ 85132
5. Exhibits may also be mailed to our Florence Office.
   The mailing address is:
   Clerk of the Superior Court
   Exhibit Clerk
   P.O. Box 2730
   Florence, AZ 8132
   • Exhibits submitted by mail not complying with procedure will be returned.
6. Pinal County Superior Court currently provides an exhibit description list with detailed instructions. Access the COSC Exhibit List (DOC).

2. How many exhibits can I submit and is there a time frame?

All exhibits must be submitted in a timely manner.

1. (10 exhibits or less) – must be submitted (3) working/court/business days prior to court date and/or use of exhibits.
2. (11 to 25 exhibits) – must be submitted (6) working/court business days prior to court date and/or use of exhibits.
3. (26 to 60 exhibits) – must be submitted (10) working/court business days prior to court date and/or use of exhibits.
4. (61 exhibits or more) - must be submitted (15) working/court business days prior to court date and/or use of exhibits.

3. When I arrive to the Florence Office to submit my exhibit(s), where do I go?

1. When arriving and entering building A, Pinal County Superior Courthouse, pass the Jury Department and enter the lobby of the Clerk of the Superior Court. Please utilize the phone on the counter that is located to the left of the lobby area.
2. Once you have located the phone please dial extension 5371 for the exhibit clerk.
3. After you have contacted the exhibit Clerk proceed and wait at window 7.

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Family Law

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1. We don’t want to be married anymore. If our marriage license was never recorded do we still have to file for a divorce? Who would know we are married if there is no record?

Based on the complexity of this situation, the parties must consult an attorney. Ultimately, the court decides the existence of the marriage, and divorce is based on facts and law.

2. How do I file a divorce without an attorney?

The statutes pertaining to dissolution of marriage are found in Arizona Revised Statutes, Section 25. The Arizona Rules of Family Law Procedure list additional procedures and requirements. A party must file a written “Petition for Dissolution of Marriage” and all the required supporting documents at the clerk’s office and pay a filing fee. Pinal County Superior Court currently provides self-help forms available on our website. Self-help forms are for parties filing without an attorney. You may purchase the packets at $0.50 per page in any one of our office locations. Click here for Pinal County office locations. You may also print Forms/Packets at no charge from our website. 

A divorce is often complicated, and parties are encouraged to seek advice and assistance from an attorney.

Petition for Dissolution of Marriage (Divorce) without Children (PDF)

Petition for Dissolution of Marriage (Divorce) with Children (PDF)

3. How much does it cost to file for a divorce?

View a listing of court fees.

4. Do both parties have to sign the divorce papers?

No, only the Petitioner will need to sign the initial filing papers. The Respondent can sign the Acceptance of Service after the divorce has been filed with the Clerk of Superior Court. If the Respondent refuses to sign the Acceptance of Service, you will need to hire a Process Server or the Sheriff’s Office to serve the papers. Service can also be done by certified mail. The respondent has to be the one to sign for it. Appropriate service affidavits will then need to be filed with the Clerk of the Court.

Petition for Dissolution of Marriage (Divorce) without Children (PDF)

Petition for Dissolution of Marriage (Divorce) with Children (PDF)

5. What are the steps involved in filing a divorce?

The party who is filing the divorce will need to fill out a Family Court Sensitive Data Form, Cover Sheet, Petition for Dissolution of Marriage, Summons, Preliminary Injunction, Notice Regarding Health Insurance, Credit Notice and if applicable the Affidavit Regarding Minor Children, Parenting Plan, Parents Worksheet for Child Support and Order and Notice to Attend a Parenting Class. Note: Some of these documents will need to be notarized; documents can be notarized at any of our office locations or at your closest bank. Please have documents notarized prior to making any copies of your documents. There is a fee to file a petition for dissolution of marriage. Click here to access our fee schedule.

The petitioning party will need to bring the original packet of forms plus two sets of completed, signed/dated and/or notarized copies of the forms. Do not make copies of any instructions.

The clerk at the counter will assign you a case number, collect the appropriate filing fees and file in the original documents that are necessary to start the divorce. The Clerk of the Court will keep the original documents and will stamp the two sets of copies, one for you to retain for your records and one for service on the other party.

Once the initial papers have been processed, the petitioning party will need to have the respondent served with one set of the copies. If the respondent is in agreement, he/she can sign the Acceptance of Service form contained in the packet either the same day of filing the divorce papers or anytime after the divorce proceedings has begun. If the responding party is not in agreement, the petitioner will need to make arrangements with a Process Server or the Sheriff's Office to have the papers served. Service within the State of Arizona can now be done by certified mail. The respondent has to be the one to sign for it. Appropriate service affidavits will then need to be filed with the Clerk of the Court.

If the party wishes to file their own divorce, they can purchase forms at $0.50 per page at any of our office locations. Click here for office locations. Parties may also download the following forms for free.

Petition for Dissolution of Marriage (Divorce) without Children (PDF)

Petition for Dissolution of Marriage (Divorce) with Children (PDF)

6. How do I file for legal separation?

Legal separation is filed in the same manner as a petition for dissolution of marriage. Arizona Revised Statutes and the Arizona Rules of Family Law Procedure list additional procedures and requirements. There is a fee to file for legal separation.  Access our fee schedule.  Access the following forms and information on filing a legal separation:

Legal Separation with Children Packet 

Legal Separation without Children Packet 

7. How do I file for an annulment?

An annulment is filed in the same manner as a petition for dissolution of marriage. Arizona Revised Statutes and the Arizona Rules of Family Law Procedure list additional procedures and requirements. There is a fee to file for annulment. Click here to access our fee schedule. Pinal County Superior Court does not carry forms for annulment; however, a party can prepare one’s own forms, or the party may seek the help of an attorney.

8. What do I do when I don't know where the other person is to serve him/her?

Service by publication may be available. Arizona Revised Statutes and court rules explain how to proceed if the other party is refusing or avoiding service, or if the other party is no longer at the last known address. The Service Members’ Civil Relief Act is a federal statute that explains the requirements for serving a party who is in the military. For any further information you may need to contact an attorney.

9. I just got served with divorce papers. What do I do?

The summons that was served explains that a party wanting to contest the divorce or lawsuit must file a written Response/Answer within the proper time limits. Read the summons carefully, your time limits are listed on the summons. The Response/Answer must be submitted in proper form. Court customers may utilize the packet provided by Pinal County Superior Court or the party may seek the help of an attorney. There is a fee to file a Response/Answer to divorce. Click here to access our fee schedule. Access the following forms and information to file a Response/Answer to divorce.

Response to Petition of Dissolution with Children Packet (PDF)

Response to Petition of Dissolution without Children Packet (PDF)

10. I was served with divorce papers on June 3. Exactly how many days do I have to respond?

Court personnel cannot confirm the exact day, since they do not personally know the circumstances of how and when a party was served. Specific rules and timeframes for service apply; for instance, whether the party is served in-state (usually 20 calendar days) or out-of-state (usually 30 calendar days), or if the party is in the military. Arizona Rules of Family Law Procedure list additional procedures and requirements, as does the Service Members’ Civil Relief Act.

11. I got a notice stating that my case has been placed on the inactive calendar. What am I supposed to do now?

Inactive notices may be sent when there has been no action taken on a case or if there has been no service on a case. The notice explains options available to the parties, who must choose the option that best fits the situation. Parties who are not sure what to do may want to consult an attorney.

12. I have just moved, how can I update my address with the Court?

All parties involved in court cases should update their address immediately. The Superior Court currently has a Change of Address form (PDF) available. You may print and complete the form then submit to the clerk for filing. 

13. How soon after my divorce is final can I get married again?

There is no waiting period in Arizona.

14. My ex is not complying with the decree. How do I make my ex comply?

To enforce the order, a party may file a Petition for Enforcement, or the party may initiate a contempt proceeding with an Order to Show Cause/Order to Appear, depending on the situation. Rules 91 and 92 of the Arizona Rules of Family Law Procedure list additional procedures and requirements. The party may review and access our available packets here. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to file enforcement and/or contempt documents, access our fee schedule.

15. I want to see my child more than the old court order allows. How do I get more time with my child?

To change or modify a court order that already exists, the party may review and access our available packets. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to change or modify your order, access our fee schedule. Rule 91 of the Arizona Rules of Family Law Procedure lists additional procedures and requirements for modifications.

16. My ex has custody of our child. I have our child for parenting time, but the child does not want to go back to my ex. Does our child have to go back?

The court order for physical custody will answer this question. Children cannot decide which parent they reside with if there is a court order in place. If a party feels the court order is no longer appropriate for the situation, or both parties agree to a change (a stipulation), a party may file with the court for a change. If there is no court order, a party may file with the court to establish one. The party may review and access our available packets. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to change or establish an order for custody, access our fee schedule.

17. I am supposed to pick up my kids this weekend, but my ex says I won’t be allowed to have them. Can the court make my ex give me the kids?

The court cannot enforce parenting time before the order is actually violated, as the party who has the children can change his/her mind and participate in the exchange. To enforce the order, a party may file a Petition for Enforcement, or the party may initiate a contempt proceeding with an Order to Show Cause/Order to Appear, depending on the situation. Rules 91 and 92 of the Arizona Rules of Family Law Procedure list additional procedures and requirements. The party may review and access our available packets. It is up to the party to determine the appropriate forms or the party can seek the help of an attorney. Court personnel cannot determine the appropriate form for a court customer. There will be a filing fee to enforce parenting time and/or petition for contempt proceedings, /158/Filing-Fees.

18. I want to know if the judge will read a text message on my phone and listen to a voice mail. This is evidence that my ex is denying me parenting time. I need to know this before the hearing that is cu

It is up to the party to present evidence to the court. Parties and/or Court staff cannot ask a Judge in advance what they will or will not listen to or read. Each party will have to determine how to present one’s evidence. Arizona Rules of Family Law Procedure list additional procedures and requirements.

19. When can I get an emergency Court order for custody of my child?

1. If your child has been harmed by the other parent or is in immediate danger of harm in the care of the other parent, you have several options available to protect the child. Those options include the following:
   1. Contact law enforcement if your child has been harmed by a parent;
   2. Contact Child Protective services if your child is in danger;
   3. Seek an order of protection if the child has been harmed or may be harmed by domestic violence;
   4. Ask a Court for an emergency order without notice to the other party (available in limited circumstances);
   5. Ask a Court for an expedited hearing with the other parent to address the protection of the child.
2. Generally, the Court cannot grant a request for an order unless the other party has notice of the order being requested and an opportunity to be heard by the Court regarding the request. In very limited cases, however, the Court can issue an emergency order without providing the other party notice of the requested order. An order issued without notice to the other party is known as an “ex parte order”. Rule 48 of the Arizona Rules of Family Law Procedure governs when a Court may issue an ex parte emergency order. In summary, the Rule requires the following:
3. Circumstances Justifying an Ex Parte Order Exists: A temporary order may be granted without written or oral notice to the other party or that party's attorney ONLY if:
   1. It clearly appears from specific facts shown by affidavit or by the verified motion that irreparable injury will result to the moving party or a minor child of the party, or that irreparable injury, loss, or damage will result to the separate or community property of the party if no order is issued before the other party can be heard in opposition; and
   2. The moving party or the party's attorney certifies to the court, in writing, the efforts, if any, that have been made to give the notice to the other party or the reasons supporting the claim that notice should not be required. Rule 48(A), Arizona Rules of Family Law Procedure, (emphasis added).
4. Required Paperwork: A party seeking a temporary ex parte order without notice shall do so by filing a motion, verified or supported by affidavit, together with a proposed form of order, and a notice of hearing on the motion. The motion shall be filed after or concurrently with an initial predecree, post-decree or post-judgment petition. The party may review and access our available forms or the party can seek the help of an attorney. There may be a filing fee to petition for an emergency order and or predecree/post-judgment petition, access our fee schedule.
5. You must fully satisfy all of the requirements of this Rule for the Court to issue an emergency ex parte order. If your situation does not meet the requirements of this rule, you will not be granted an emergency ex parte order.

20. Will I get to talk to the judge about my emergency petition for custody?

Everything a party wants the judge to know may be included in the party’s written filing. There is no guarantee you will see the judge the same day the emergency petition is filed. It will be determined by the judge reviewing the emergency petition if he/she will hold a hearing and take testimony from the party filing. The judge decides based only on the written filing.

21. If my ex and I were never married does the mother automatically have custody of the children?

Legal and physical custody between parents is determined by court order. If there is no court order, law enforcement agencies, schools, doctors, etc. may have different and conflicting policies on how they determine which parent has custody. There will be a filing fee to establish an order for custody and/or paternity/custody. Access our fee schedule. You may also click on the appropriate link below to access forms and information to file documents to establish custody and/or paternity. To determine the forms that are appropriate for you, you may wish to speak to an attorney. Court personnel may not determine the form appropriate for your situation.

Petition to Establish Paternity, Custody, Parenting Time & Child Support (PDF)

22. Where can I get help completing the Parent’s Worksheet to establish or modify a child support order?

The Arizona Supreme Court maintains an online child support calculator. If a party does not have exact figures, he/she can estimate the information input on the worksheet. The filing party should be prepared to explain to the court the numbers used. The calculator is located on the AZ Courts website.

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General Questions

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1. What constitutes legal Information?

Legal information is communication of facts about court procedures, timing and resources. It includes information contained in court records, examples of forms or pleadings, informational pamphlets, procedures, practices and due dates.

Legal information involves identifying available procedural options (within the scope of the personnel’s knowledge), court rules, court records and forms.

2. What constitutes legal advice?

1. Legal advice is a written or oral statement that:
   1. Interprets some aspect of the law, court rules, court procedures, or recommend a specific course of conduct a person should take in an actual or potential legal proceeding.
   2. Applies the law to the individual person’s specific factual circumstances, OR
   3. Requires the person giving advice to have knowledge of the law and legal principles beyond familiarity with court requirements and procedures.
2. Court customers are asking for legal advice when they ask whether or not they should proceed in a certain fashion.
3. Telling a court customer “what to do” rather than “how to do it” may constitute giving legal advice.

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Guardianship and/or Conservatorship

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1. Do I need an attorney to file a guardianship and conservatorship?

It is possible for an individual to file a guardianship and conservatorship on their own, but due to legal complexities and potential liability, parties may wish to consult an attorney. There is a fee to file a petition for guardianship and/or conservatorship. Please click here to review our fee schedule. Pinal County Superior Court currently provides forms for guardianship and/or conservatorship. Access the following forms and information to file guardianship and/or conservatorship.

Petition for Appointment of Guardian and/or Conservator (Adult) (PDF)

Petition for Appointment of Guardian and/or Conservator (Minor) (PDF)

2. As a guardian (or conservator), do I have to file an annual report?

Yes. Arizona Revised Statutes, Title 14, lists additional procedures and requirements in this area. Every year the guardian and/or conservator is required to submit to the court an annual report at least (30) days prior to the scheduled review hearing. The Clerk of the Superior Court currently provides forms to file the annual report. Court personnel cannot determine the appropriate forms for Court customers. Access the following forms and information.

Annual Report of Guardian (Adult) (PDF)

Annual Report of Guardian (Minor) (PDF)

Petition for Approval of Annual Accounting and Fees Packet (PDF)

Simplified Annual Accounting Packet (PDF)

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Home - FAQs

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1. How do I pay my city water bill?

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2. How do I get a new trash can lid?

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3. How do I apply for a job with the City?

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4. My trash didn't get picked up, what should I do now?

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5. How do I get a garage sale permit?

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6. How can I see the agenda for an upcoming City Council or Board meeting?

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Jury Department

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1. How are potential jurors selected?

Twice a year jury questionnaires are mailed to prospective jurors as mandated by Arizona Revised Statutes 21-311(A). Once the Jury Office receives the questionnaire, we will determine if you meet the qualifications to be a prospective juror.

Qualifications to be a prospective juror:

• 18 years of age or older
• A citizen of the United States of America
• A resident of Pinal County, Arizona
• Not currently adjudicated incompetent or insane
• Never have been convicted of a felony unless juror's rights have been restored

2. I have received a jury summons, what is my next step?

Attention

Failure to report for jury duty could result in a fine – ARS 21-223

The Night Before

Please make sure to note the date, time and location of the summons. You must call 1-800-454-2979, after 6 pm the night before you are scheduled to appear. The recorded message will update any changes in reporting dates and times. The message will identify jurors by group number. Note your group number before making the call. Please listen to the entire recording.

If your group number has been released, you may receive another summons. Your services are not considered “complete” until you have appeared at the Court location indicated on your summons and have gone through the entire selection process. Important – Please check your summons for location. You may be required to appear at one of the Justice Court locations.

The Day of Selection

What to expect when you arrive at the Courthouse

Parking

Parking is available in the lot directly across the street from the Superior Court, Building A. This is the four (4) story building as you enter the Justice Complex.

Security

There is a security system in place; you are required to pass through the metal detector. No weapons are allowed. Court Security will search you and your belongings. Small pocketknives, large metal scissors and long metal knitting needles are considered weapons. Please leave those items at home.

Jury Department

The Jury Department is located on the first floor in Building A, through the first set of double doors to your right. When entering the Jury Department, please have the Jury Summons and Online Biographical form ready (if available). If you are unable to bring the Biographical form one will be provided for you.

(Arrive prepared. Download the Fillable Biographical Form (PDF).)

You will be greeted by a Jury staff member that will review the Biographical form and provide you with further instructions. Each juror will be directed to one of our three Electronic Kiosks located directly to the right of the entrance, once you step to the Kiosk you will scan in the juror barcode located at the upper right hand corner of the Summons. Prospective Jurors will Confirm the Juror information on the Check-In screen, once you are successfully checked in please have a seat and wait for Juror Orientation to begin. Juror Orientation begins at 8:30.

If you were provided with the Biographical form to fill out, once completed, you will return the clipboard and pen to the baskets on the table in front of the wall of windows and your form to the designated bins located at the front jury counter. These bins are designated by the first letter of your last name, A through L or M through Z.

After you have completed and returned your form to the front Jury Counter, please take a seat towards the front of the Jury Assembly Room you will be given a brief orientation which includes a video and additional information will be given by our court staff.  (Juror Orientation Video) The introduction of the video is delivered by Arizona Supreme Court, Chief Justice Scott Bales.

Once you have completed the orientation, the Jury Staff will escort you to your perspective courtroom at which time the Judge will provide you with further information regarding the case. Once this has taken place you will be given an opportunity to explain any hardship that the length of the trial may cause you. The Judge is the only authority who can excuse you.

Attire for Jurors

Shorts, tank or halter-tops and uniforms are not considered appropriate attire for jurors. (No badges, ID’s, PPE or weapons). If you wear those items, you will be required to return home and change your clothing at your expense; you will not be paid if you are wearing inappropriate attire. You may want to dress in layers due to the varying temperatures within the courthouse.

3. How can I get proof that I appeared for Jury Duty?

Once you have been released or excused for the day, you will be required to return to the Jury Department. If you need proof that you appeared for the selection process for your employer or for school purposes, please request verification from the Jury Staff. A letter will be printed with the date/dates that you appeared.

4. How long until I receive another summons to appear?

After you have appeared at the location on your summons and have gone through the entire selection process, whether you are selected to serve on a jury or not, your services are considered “complete” for two (2) years.

If your group number is not called, you could receive another summons to appear in as early as two weeks.

5. Will I be paid for appearing for Jury Duty?

All jurors are eligible to receive a mileage check to assist with the cost of transportation to/from the Courthouse. Mileage is paid to those jurors who are traveling more than ten (10) miles to the Courthouse. Mileage is paid at a rate of 62.5 cents per mile, from the center of the city or town that you live in, to the Courthouse and back. Mileage is not paid from doorstep to doorstep.

The Jury Department strives to pay all jurors on the date of selection; however, there are instances where the checks are not available on the day of selection. In these instances the check will be mailed.

If you are chosen to be a sworn trial juror you will also receive $12 a day per diem plus your mileage for each day of service. On the first day of selection, you will receive a check for your mileage. The per diem and mileage are calculated and totaled at the end of the trial and hand delivered or mailed.

State Laws prohibit employers from discharging or otherwise penalizing employees for responding to a jury summons or serving on a jury. However, they can choose not to pay you. If summoned to appear you may want to speak with your employer about your company policies regarding jury service. Employment rights; automatic postponement; violation; classification. ARS 21-236

The selection process will last for about half the day. If chosen to be a sworn trial juror, you will be required to remain at the courthouse until excused by the Judge.

You may bring food, drinks, electronics and reading material to the Jury Assembly Room; however, when the Jury Staff escorts you to the courtroom, you will need to leave those items behind. Labels are available to tag your items; staff will secure them for you.

Jury trials will typically last 3 to 4 days. There are instances where a trial is scheduled to last longer, and this is subject to change depending on the Judge and the nature of the case. The court will do their best to accommodate those who would not be able to serve for a lengthy period of time. Pinal County will rarely sequester a jury; potential jurors will be notified in advance if sequester is a possibility.

Financial Assistance for a Lengthy Trial

In an effort to reduce the financial burden on jurors who serve on trials for an extended amount of time, the Arizona Legislature established the Arizona Trial & Digital Evidence Fund.   The fund is designed to replace unpaid earnings for a juror who serves on a trial.

(Arizona Trial & Digital Evidence Fund Claim Form (PDF))

6. Will I be given breaks and a meal period?

The Judge will offer all jurors breaks and a meal period during selection and trials. Judges usually give a one (1) hour meal period, however, the Judge determines the length of each break and meal period.

The Superior Courthouse does not have a cafeteria. Vending machines are available in the juror lounge. You will need to bring change for the vending machines; change is not available anywhere within the Courthouse or you may use your Debit Card. Jurors may bring their own snacks and/or lunch. There is a refrigerator, freezer and microwave for juror use. The Jury Department offers complimentary coffee.

When released for lunch you may either utilize the juror lounge or venture into town for your meal period.

The Jury Department now offers Netflix for your entertainment. If your group of jurors is given an extended break or meal period and you would like to watch a Movie, please see jury staff. Staff will only play Movies upon request.

The COSC does not endorse or promote any of the following businesses.

Local Restaurants

• A & M Italian Restaurant
  445 W Highway 287
  Phone: 520-868-0170
  Pizza/Subs/Salads/Burgers
• Burger King
  80 W Highway 287
  Phone: 520-868-3880
  Fast Food
• Eugene & Kim's Place
  199 E Butte Avenue
  Phone: 520-868-9380
  Subs/Sandwiches/Salads
• Florence Café
  495 N Pinal Parkway Avenue
  Suite 102
  Phone: 520-868-8058
  Breakfast/Brunch
• Florence Fudge Co.
  440 N Main Street
  Phone: 520-424-6514
  Sandwiches/Salads/Soups
• Hong Kong Restaurant
  100 S Pinal Parkway
  Phone: 520-868-3388
  Chinese Food
• Jalapeno’s Restaurant
  981 S Main Street
  Phone: 520-868-8986
  Mexican Food
• L & B Inn
  695 S Main Street
  Phone: 520-868-9981
  Mexican/American Food
• McDonald's
  801 N Hwy 79
  Phone: 520-868-8040
  Burgers/Fries/Salads
• Mount Athos Restaurant
  444 N Pinal Parkway
  Phone: 520-868-0735
  Greek/Salads/Sandwiches/Pasta/Burgers
• Old Pueblo
  505 Main Street
  Phone: 520-868-4784
  Mexican/American Food
• Sonic Drive-In
  495 N Pinal Parkway Suite 107
  Phone: 520-868-0266
  Fast Food
• Subway
  Main Street
  Phone: 520-868-8199
  Sandwiches/Salads/Soups
• Taco Bell
  558 N Pinal Parkway Avenue
  Phone: 520-868-8471
  Mexican Food

7. What are valid reasons to be excused?

Age 

If you are 75 or older, you must provide a copy of your current driver’s license or birth certificate. This can be emailed to the Jury Department.

Moved or Live Outside of Pinal County

If you no longer live in Pinal County, provide proof of residency such as a valid driver’s license, utility bill, lease agreement or advertising material; anything that lists your name and current address. This can be emailed to the Jury Department. 

Full Time College Student 

If you are a full time student or are a student living outside of Pinal County during the school year, you may include a copy of your class schedule, a note from the college stating your full time enrollment, or verification of your residence outside of Pinal County. This can be emailed to the Jury Department.

Felony Conviction 

If you were convicted of a felony and your civil rights were not restored, provide proof of felony conviction. This can be emailed to [email protected] For verification that your civil rights have or have not been restored, you must contact the court where you received the felony conviction.

Law Enforcement

If you do or have worked for a law enforcement agency, but are not or no longer an Arizona Post Certified Peace Officer, you may still be eligible to be a juror.  Working in a law enforcement agency doesn’t exclude you from being eligible; you must be a Certified Peace Officer to be exempt. If you are Arizona Post Certified, provide a copy of your Post Certification or a letter from your current employer on company letterhead verifying your employment. This can be emailed to the Jury Department.

Medical/Health Condition

If you have a medical/health issue that will prevent you from serving on a jury, provide a note from your treating physician, stating your inability to serve and the length of time that you will not be able to serve. This can be emailed to the Jury Department. (Medical Excuse Form (PDF))

Caregiver

If you are the sole caregiver of a person with a medical condition, you must provide a letter from the treating physician, stating the condition and your inability to serve due to caring for that person. This can be emailed to the Jury Department. 

Childcare

If you are the sole care provider of your child/children or you are a daycare provider, you must provide a notarized statement with an explanation of your circumstances or a notarized statement from the parents for which you provide daycare services, the statement should indicate that there is no substitute care and would cause a hardship to seek substitute care. This can be emailed to the Jury Department.

Planned Trips/Vacations

If you have planned a trip or vacation, you must provide verification of your departure/return date, such as, flight itinerary, hotel reservations, rental car agreement etc. This can be emailed to the Jury Department.

If you are unable to email, you may fax it to 520-866-5313.

The jury department may not be able to excuse you for the following reasons. Financial hardship, Employment hardship (provide a statement on company letterhead from the employer) or Transportation difficulties (a mileage check is provided to assist with costs). If documentation cannot be provided in advance, you will need to appear for the selection process and speak with the Judge to be excused.

8. What to expect when you receive a summons for the Grand Jury Empanelment?

• A Grand Juror will review evidence to determine if there is sufficient proof to charge an individual. (A.R.S. § 21-401 defines grand jury as a body who is duly convened and impaneled by the presiding judge of the superior court and who are sworn to inquire into public offense that may be tried within the county.)
• For Grand Jury empanelment there will be sixteen (16) jurors plus four (4) alternates selected.
• Grand Jury meets once a week for four (4) months. The first Thursday after Grand Jury selection is a mandatory date. This is to review statutes, responsibilities and the process of Grand Jury.
• In Pinal County there are two (2) grand jury panel days held each week. One panel will meet every Monday and the other will meet every Wednesday. Once you have appeared and gone through the selection process your term of service is complete for four (4) years. Federal Grand Jury and Alternates are excluded.
• Hours of service may vary, reporting time is usually 8:30 A.M. with the session closing around 4:00 P.M. Depending on how many cases are being reviewed, these times may be adjusted by the County Attorney’s office.
• On the date of selection you must appear at the time listed on your summons. Selection takes about half a day. If selected as a sworn Grand Juror you may be required to stay for the remainder of the day.
• If you feel you have a valid reason to be excused or would like to have your services postponed to a later date, you must submit your request in writing 48 hours prior to your appearance date. All requests may be submitted by fax 520-866-5313 or by email to the Jury Department. Please submit your written statement, name and date of appearance. Print legibly. Request sent to any other email address cannot be processed. The Jury Department will only contact you if your request is denied.
• Grand jurors are paid a mileage reimbursement of 44.5 cents per mile and a $12.00 per diem for each day of service. Checks are distributed at the end of each month.
• If you require proof that you have appeared for Grand Jury selection, the Jury Department is able to print a verification letter upon your request.  After the day of selection the County Attorney’s office will provide you with documentation for your employer.

9. Is Wi-Fi available at the courthouse?

Wi-Fi is available for your use while in the courthouse. Also available in the Jury Department is a small docking station to charge your electronic devices.

10. Are there any tips for after Jury Service?

Download our brochure for "Tips for After Jury Service (PDF)." For questions or concerns, please contact the Associate Jury Commissioner at 520-866-5310.

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Jury Questionnaire

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1. What is a Jury Questionnaire?

You are being asked to answer questions about yourself to determine if you meet the qualifications to be a prospective juror.

2. How can I be excused from jury service due to a health issue?

There is a Medical Excuse Form (PDF) your doctor is required to complete. Once complete, you will return it to the Jury Department.

3. How can I be excused from Jury Service?

Answer the questionnaire honestly and return any documentation requested with the questionnaire. Once the proper documentation is provided you may be excused.

4. When will I need to report for jury service

If you are qualified to be a prospective juror, you will receive a Jury Summons letter with a date, time, and location for reporting. Summonses are typically mailed out about a month in advance.

5. How does Jury Compensation in Arizona work?

Here you can view the Jury Compensation Video detailing how Jurors are paid when serving in Arizona.

6. What precautions are you taking due to the pandemic?

The Jury Department is conducting COVID-19 prescreening phone calls to all prospective jurors prior to arrival. We are practicing safe social distancing according to CDC guidelines and practices and sanitizing regularly.

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Legal Advice We Cannot Provide

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1. The self-help divorce petition says I can ask for spousal support if my spouse contributed to my educational opportunities. Since my husband stayed home to watch the children while I took night classe

As court personnel, I don’t have the legal knowledge to determine whether your circumstances meet the legal criteria. I can explain what information the form is asking from you, but I cannot help you decide what information to enter. If you have questions about whether certain information is appropriate to enter on the forms, an attorney can advise you.

2. What is Ex Parte Communication?

Black’s Law Dictionary defines ex parte as “on one side only; by or for one party; done for one party only.”

With few exceptions, the court rules require that all documents filed with the court be given to all other parties in the case so that the other parties have an opportunity to respond. It is improper for personnel to transmit information in writing and/or verbal to the Judge unless that information has been provided to the other parties in the case.

“Ex Parte” refers to situations in which only one party appears before a judge. Such meetings are often forbidden.

3. What is a confidential case/Information?

Some documents or entire cases are confidential, sealed or secret, and court personnel cannot disclose confidential, sealed or secret information. Listed below are case types that are confidential and/or sealed:

1. Adoptions
2. Severance
3. Juvenile Dependency
4. Juvenile Abortion
5. Mental Health

4. I need to speak to the Judge assigned to my case, how can I speak to him?

The Judge speaks with all parties to a case only at the same time in order to ensure fairness and impartiality. If the Judge speaks to a party on one side of a dispute without the other party present, it is ex parte communication.

5. I have a court hearing scheduled for review, what will the Judge say or order?

Court personnel cannot speculate on what a Judge might say or do. Judges base their decision on the law and the facts presented to the Court.

6. I want a public defender/court appointed attorney assigned to my case. How do I get one?

Parties are not entitled to court-appointed counsel in all types of matters. If the party requests in writing to the court, the Judge will inform the party if the party is eligible for court-appointed counsel.

7. Where can I find information on Arizona’s laws and rules?

Arizona’s statutes (laws passed by the state legislature) are available in any law library and many public libraries. They may also be viewed on the Arizona State Legislature website.

8. I got a notice stating that my case has been placed on the inactive calendar. What am I supposed to do now?

Inactive notices may be sent when there has been no action taken on a case or if there has been no service on a case. The notice explains options available to the parties, who must choose the option that best fits the situation. Parties who are not sure what to do may want to consult an Attorney.

9. Can you look over my forms and tell me if I did it right?

Court personnel may tell a party if the party has provided all the required information. Court personnel cannot tell a party whether the information provided is correct or legally sufficient.

10. I have just moved, how can I update my address with the Court?

All parties involved in court cases should update their address immediately. The Superior Court currently has a Change of Address form (PDF) available. You may print and complete the form then submit to the clerk for filing. 

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Legal Information We Can Provide

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1. I need to file for divorce and I have no idea where to begin. Is there some place I can go to find out how to get started?

Sure. We can provide forms that provide all the paperwork you will need for your divorce, and instructions on how to fill out the paperwork as well. There is a fee for the costs of the packets unless you have access to the Internet and can download the forms and instructions yourself.

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Name Change

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1. What steps are needed to change my name?

1. Arizona Revised Statutes, Title 12, addresses this. A person who desires to change his/her name and adopt another name may file an application in the superior court in his/her county of residence, listing reasons for the change and the name to be adopted. The court may enter judgment that the adopted name of the party be substituted for the original name. The party is required to contact the state vital records department of one’s birth with the court order.
2. When submitting the application to change name, there will be a filing fee due. Please click here to access our fee schedule. Pinal County Superior Court currently provides forms/packets to change a name. Access the following forms and information on changing a name.
   • Petition for Name Change of Adult - no Minor Children (PDF)
   • Petition for Name Change of Adult - with Minor Children (PDF)
   • Petition for Name Change for a Family (PDF)
   • Petition for Name Change of a Minor (PDF)

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Probate

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1. Do I have to open an estate for a dead relative?

The court customer may qualify to file an informal probate if the value of the property exceeds $75,000.

The court customer should consult an attorney to determine if the estate has to be probated and to help guard against undesired and unexpected consequences.

When fling an informal probate, there is a filing fee due. Please click here to review our fee schedule. Pinal County Superior Court currently provides the forms/packet to file an informal probate. Court personnel cannot determine if this is the appropriate form for your situation. Please speak to an attorney to determine if this packet is appropriate for you. Access the following forms and information needed to determine if this is the appropriate packet/form.

Application for Appointment of Personal Represent Packet (PDF)

2. How do I get the title changed on property that belonged to my husband, wife, father, mother, etc. who is now deceased?

If the value of the estate is less than $100,000, the person may file an Affidavit of Succession for Transfer of Property or Affidavit for Transfer of Real Property.

The person should consult an attorney to determine if the estate has to be probated and to help guard against undesired and unexpected consequences.

When fling an Affidavit of Succession for Transfer of Property, there is a filing fee due. Please click here to review our fee schedule. Pinal County Superior Court currently provides the forms/packet to file an Affidavit for Transfer of Succession for Transfer of Property. Court personnel cannot determine if this is the appropriate form for your situation. Please speak to an attorney to determine if this packet is appropriate for you. Access the following forms and information needed to determine if this is the appropriate packet/forms.

Affidavit of Succession for Transfer of Real Property Packet (PDF)

3. My spouse died. How do I get his/her last paycheck?

Arizona Revised Statutes, Title 14 addresses this. For wages, a party can file an affidavit at any time with the employer of the deceased and collect the deceased’s wages if they are not more than $5,000. If more than $5,000, a probate case may be filed. The Clerk of the Superior Court provides an Affidavit to Collect Personal Property Packet. You may click on the link below to access the forms and information on collecting personal property. Please Note: This form is not filed with the Superior Court. It is provided to the public only as a courtesy of the Clerk of the Superior Court.

Affidavit to Collect Personal Property Packet (PDF)

4. Does the Superior Court have my will on record?

Pinal County Superior Court currently does not store (solely) a person’s will. The local county recorder’s office can tell the party if the will is recorded in its office. You may contact the Pinal County Recorder’s office at 520-866-6830.

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Protective Orders and/or Domestic Violence

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1. What is an order of protection?

An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting people protected by the order. 

Pinal County Superior Court currently has helpful information on protective orders and available forms. 

2. What’s the difference between a restraining order and a protective order?

A restraining order is a commonly used term for an order of protection or an injunction against harassment, which are protective orders.

3. What is an order of protection?

An order of protection is issued when there is a “family” relationship between the plaintiff and the defendant. The plaintiff must state how an act of domestic violence was threatened or committed against the plaintiff within the last year. If both a family relationship and an act of domestic violence do not apply, an injunction against harassment is the appropriate process.

Pinal County Superior Court currently has helpful information on protective orders and available forms. 

4. What is an injunction against harassment?

An injunction against harassment is requested when the defendant has committed a series of acts (more than one) of harassment against the plaintiff in the last year. Also, a “dating” relationship without living together could be the basis for this injunction.

Pinal County Superior Court currently has helpful information on protective orders and available forms. 

5. How long is a protection order in effect?

A protective order will be effective for two (2) years from the date of service. 

If the judge issues the Order of Protection, the court will send a copy of it and your petition to law enforcement (city police, county sheriff, or constable) for service on the defendant. You can help this process by providing information on the most likely places where the defendant can be served. Questions you’ll be asked in AZPOINT will help collect this information. If law enforcement has not been able to serve the order within 15 days, you may be asked to give the law enforcement agency more information about the defendant.

6. What if the other person contests the protective order?

The defendant may request a hearing on the injunction one time during the twelve months in which it is in effect. A hearing will be held within ten (10) business days from the date requested unless the court finds compelling reasons to continue the hearing for a longer period of time.

7. What do I do if my child is being harassed by a bully at school?

Arizona has a new law that requires schools to have policies on bullying, harassment and intimidation. The message is clear: create an environment where bullying is not tolerated. Each school is required to have a procedure for students, parents and teachers to confidentially report bullying behavior to a school official to trigger investigation, punishment and prevention of further bullying behavior. See A.R.S. §15-341. If the bullying acts threaten or actually cause injury to a person or property, then more severe penalties are called for and carried out under Arizona’s criminal laws. See A.R.S. §13-2911.

8. Is there a fee to file a protective order?

No. There are no fees to submit a petition for a protective order to any court.

9. What is a domestic violence crime?

Domestic Violence includes: assault, aggravated assault, aggravated harassment, aggravated domestic violence, child or vulnerable adult abuse, criminal damage, criminal trespass, crimes against children, custodial interference, disobeying a court order, disorderly conduct, endangerment, harassment, kidnapping, stalking, surreptitious videotaping, threatening and intimidating, unlawful imprisonment, unlawful use of telephone.

For more information on domestic violence please contact the Arizona Coalition Against Domestic Violence at 602-279-2900 or 800-782-6400.

If you are in immediate danger please call 911.

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Services Available through Conciliation Court

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1. What is Conciliation Court?

Family Services of the Conciliation Court was instituted in Arizona in 1962, initially to provide counseling when couples wanted to consider reconciliation instead of getting divorced. Conciliation Court now also provides mediation so couples may separate or divorce without conflict, as well as Family Assessments, Child Interviews, Parent Coordination, Parent Education, Early Resolution Conferences and Same Day Resolution.

ARS 25-381.01 says “The mission of Conciliation Court is to promote the public welfare by preserving, promoting and protecting family life and the institution of matrimony; to protect the rights of children and to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies.”

2. On the Court Petition/Response, it says “We have tried to resolve our problems through Conciliation Services or going to Conciliation Services would not work.” What does that mean?

As stated above, Conciliation Court was instituted in Arizona to “preserve, promote and protect family life and the institution of matrimony…” This question is asking petitioner and respondent to consider whether counseling may help save the marriage. Conciliation Court provides up to 3 sessions of counseling for free. If one or both parties wishes to attempt counseling before getting divorced, counseling may be requested by completing the petition online, calling FSCC at 520-866-5760 or going to Family Services of the Conciliation Court or the Clerk’s office.

3. I’ve been a parent for many years. Why do I have to take a Parent Education class?

In Arizona, whenever someone files a Domestic Relations matter involving children (Petition for Dissolution, Paternity, etc.) both parties are required to attend a Parent Education class. In Pinal County, Local Rule requires that parties attend the class in person. Our classes are interactive; most participants discover they enjoy the class and learn something new from the instructor or other parents.

ARS 25-352 says “In an action … in which a party has requested that the court determine custody, specific parenting time or child support, the court shall order the parties to complete an educational program as prescribed by this article.”

4. Why do we have to go to mediation? What is mediation?

In Pinal County, there is an expectation of mandatory mediation in all cases involving children. Parties may request mediation with an online form or by calling 520-866-5760. In mediation, parties - usually parents, but occasionally grandparents or other family members –have a conversation with the guidance of an impartial mediator about parenting time arrangements. In mediation, plans for parenting are made by the parties, not by the Judge or mediator. Mediation is a confidential process, except when there are allegations of child abuse or neglect or threats to harm one’s self or another. Mediators are mandatory reporters. Mediators do not provide legal advice or make recommendations.

Family Law Rules for Pinal County, Rule 4.2 a states, “All domestic relations actions which involve a controversy over custody and visitation (parenting time and legal decision-making) of minor children shall be subject to mediation regarding such issues.” Also see Arizona Rules of Family Law Procedure, Rule 66, 67 and 68.

5. What is confidentiality and what Conciliation Court services are not confidential?

Confidentiality is a promise that the mediator will not discuss what was said in mediation and will not report conversations or recommendations to the judge. It also means the mediator may not be called as a witness to repeat what was said in mediation. However, confidentiality does not apply to admissions or allegations of child abuse, neglect of the child, domestic violence incidents viewed or heard by a child, threats or allegations of physical harm to one’s self or another person, or admissions or allegations of substance or alcohol abuse when it endangers the well-being of a child. Evaluative services such as Same Day Resolution, Accelerated Assessment, Family Assessment, Child Interview and Parent Coordination are not confidential; anything a party or child says may be reported to the Court and recommendations may be made.

6. What is informed consent?

For all evaluative services, parties will be asked to sign informed consent forms. By signing the form, parties acknowledge and consent to the rules regarding these services, including the expectation of good faith participation, joint and individual interviews, focus on best interests of the child, no legal advice provided, reports being provided to the Judge, and that evaluative services are NOT confidential. The form will be provided to parties prior to the service and must be signed before proceeding.

7. What does the court, the Judge or Conciliation Court mean by “the best interest of the child”?

By law, decisions about parenting time and legal decision-making must be made in consideration of the child’s “best interests” or what is best for the child. To make this decision, judges examine such factors as the relationship of each child to parent, siblings and extended family; the child’s school, home and community environment; the age, maturity and wishes of the child; how well the parents interact and encourage the child’s relationships with the other parent; whether a parent is trying to delay the court’s decision; domestic violence, child abuse and/or neglect, and the mental and physical health of all parties involved.

ARS 25-403 states, “The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to a child’s physical and emotional well-being, including…“ Judges consider all factors listed.

8. What is the role of attorneys in mediation or evaluative services (Same Day Resolution, Family Assessment or Expedited Services)?

Attorneys do not participate in most Conciliation Court services, including Mediation, Family or Accelerated assessment, Same Day Resolution or Expedited Services. Attorneys may opt to participate in Early Resolution Conferences. The mediator or evaluator will not provide legal advice and does not advocate for either person. Even in evaluative services, Conciliation Court evaluators strive to be impartial and neutral. We respect the role of attorneys; parties may consult with their attorney at any time during a session. Parties are advised to consult with an attorney for personal advice, a strategy to handle the case, to have a confidential discussion about the situation and to review agreements before signing.. See Arizona Rules of Family Law Procedure, Rule 68.

9. Am I eligible for the Decree Assistance Project?

You may be eligible to seek a default Decree if:

• You have met statutory time limits (60 days after service) and you have served the other party and the other party has not responded.

View the Decree Assistance Project Flyer (PDF) for more information.