Justice Courts
Apache County has four justice courts, each presided over by a justice of the peace. The number of county justice courts is determined based on population, and judges are elected to a four-year term.
Justice Court Responsibilities
There are three levels of courts in Arizona: limited jurisdiction, appellate, and superior. Justice and municipal courts are limited jurisdiction courts.
Justice court duties include civil lawsuits (where the amount in dispute is $10 thousand or less), landlord and tenant controversies, small claims cases, and the full range of civil and criminal traffic offenses, including DUIs. Justices of the peace resolve other misdemeanor allegations such as shoplifting, writing bad checks, and restraining order violations. They also handle protection order requests and harassment injunctions.
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Order of Protection
An Order of Protection is a court order issued to stop a person from committing domestic violence or from contacting other people protected by the order.
Prior to filing a petition, we encourage you to speak to a victim advocate. An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant. Learn more about finding a victim advocate.
AZPOINT (Arizona Protective Order Initiation and Notification Tool) is an online tool to help you complete a petition for an Order of Protection. Through an online interview, you can quickly and accurately fill out the forms needed to request an Order of Protection at an Arizona court. Visit AZPOINT for more information and to begin the process of filing a protection order.
You may also view the Round Valley Plaintiff’s Guide Sheet for Protective Orders.
Penalties for Driving Without Insurance
In the state of Arizona, driving without insurance is against the law (ARS 28-4135). For all citations, you can expect three specific penalties: (1) a fine of at least $500; (2) driving privileges suspended; and (3) an SR-22 requirement for two years. The court can attach additional fees and penalties regardless if it was your first or tenth offense.
In order to have the violation dismissed, you must provide proof showing the vehicle involved was insured on the date and time the ticket was issued.
If you do not pay on time, you can be subject to a default fee, driver license suspension, and time payment fee. The court may reduce or waive the penalty imposed if the person provides proof of both the following:
- The defendant (driver) has not had another insurance violation in the previous 24 months or has not had more than one violation for driving uninsured in the previous 36 months (as evidenced by the person’s driving record). You can get your driving record online from Service Arizona.
- Purchase of a six-month insurance policy. This is most commonly an SR22, and you will have to carry this for three years.
Visit the ADOT Motor Vehicle Services website for more information.
Small Claims
A small claims lawsuit is a claim against another party for damages of an amount less than $3,500. These lawsuits resolve civil disputes in front of a small claims hearing officer or a justice of the peace.
Conviction Set Aside
If you meet all the requirements to have your conviction set aside, you may petition the court to set aside offenses. Visit Arizona Law Help or speak with your attorney to learn more.
Eviction, Forcible & Special Detainer Case Process
Following is a description of the process you should follow to obtain a forcible or special detainer. View our Landlord/Tenant Participant Study Guide regarding this process.
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Special Detainer
The eviction proceeding under the AZ Residential Landlord/Tenant Act
Reasons for special detainer action:
- Non-payment of rent
- Material noncompliance
- Failure to maintain the dwelling unit
- Material and irreparable breach
- Hold-over tenant
Forcible Detainer & Entry
- Makes an entry into lands, tenements, or other real property, except in cases where entry is given by law
- Makes entry by force
- Willfully and without force holds over any lands, tenements, or other real property after proper notice of termination is made
- Forcible detainer implies a wrongful holding of possession after the tenancy has been terminated
Eviction Process
- A landlord may file a special detainer action against a tenant for nonpayment of rent; however, a five-day notice must be served to the tenant indicating the lease will terminate for nonpayment.
- Demand for possession is required prior to initiating a special detainer action.
- The complaint may be filed in justice court or superior court.
- The tenant can pay all of the rent and late fees any time before the forcible/special detainer is filed and avoid eviction.
- If a forcible/special detainer has been filed, the tenant must pay all past due rent, late fees, attorney’s fees, and court costs. If the tenant pays prior to judgment being entered, eviction is avoided.
- After judgment is entered, reinstatement of the lease is solely at the landlord’s discretion.
Complaint
- Must be made in writing and under oath
- Must list as defendants all tenants listed on the rental agreement
- Must include the address and description of the premises of which possession is sought
- Must state the facts that entitle the plaintiff to possession of the property
- Must Indicate how the five day notice was delivered
- Must include the amount owed
- Pay a $52.00 filing fee
Summons
- Upon filing the forcible/special detainer complaint, the court shall issue a summons no later than the next business day.
- The summons shall contain all the names listed on the complaint and the court’s seal.
- The summons should include the hearing date, which should be at least three and no more than six business days after the complaint is filed.
Hearing
- The plaintiff, at the time of filing the complaint, may request a trial; the defendant may also request a trial.
- The defendant may appear and plead guilty or not guilty; if the defendant fails to appear, a default judgment may be entered by the court.
- The judgment may include rent due as provided in the rental agreement, attorney fees, filing fees, etc.
Judgment
If the Plaintiff prevails, the judgment should set out the following:
- Rent to the date of possession or to the end of the periodic rental period
- Late charges if they are specifically provided for in the written rental agreement
- Damages, attorney fees, and all charges stated in the rental agreement
- Court costs
- Grant a writ of restitution, which may be issued to the landlord for repossession of the residence five calendar days after entry of judgment
Apache County Justice Courts
