Podcast
Questions and Answers
What does the term 'ex parte' refer to in the context of protective order procedures?
What does the term 'ex parte' refer to in the context of protective order procedures?
- A type of order issued after a hearing
- A legal decision that involves mediation
- A court procedure requiring both parties to be present
- A court procedure held without the presence of one party (correct)
Which of the following correctly defines 'harassment' under an Injunction Against Harassment?
Which of the following correctly defines 'harassment' under an Injunction Against Harassment?
- A single act aimed at causing emotional distress
- A series of acts that cause serious alarm without a legitimate purpose (correct)
- A series of acts that serve a legitimate purpose
- Conduct that makes another feel mildly uncomfortable
Which statute governs procedures for an Order of Protection in Arizona?
Which statute governs procedures for an Order of Protection in Arizona?
- A.R.S. § 13-3624
- A.R.S. § 13-3601
- A.R.S. § 13-3602 (correct)
- A.R.S. § 12-1810
Which of the following statements accurately reflects the relationship between the Arizona Rules of Family Law Procedure and protective order matters?
Which of the following statements accurately reflects the relationship between the Arizona Rules of Family Law Procedure and protective order matters?
What does the term 'legal decision-making' entail?
What does the term 'legal decision-making' entail?
In the context of an Injunction Against Workplace Harassment, what constitutes harassment?
In the context of an Injunction Against Workplace Harassment, what constitutes harassment?
Which rules specifically govern the procedures for an Order for Lifetime No-Contact Injunction?
Which rules specifically govern the procedures for an Order for Lifetime No-Contact Injunction?
What criteria must be met for conduct to be considered harassment under an Order of Protection?
What criteria must be met for conduct to be considered harassment under an Order of Protection?
What must a court do if it has only a part-time judicial officer and a person requests a protective order?
What must a court do if it has only a part-time judicial officer and a person requests a protective order?
Which of the following statements regarding public access to case information is true?
Which of the following statements regarding public access to case information is true?
What is required of the court during proceedings involving protective orders?
What is required of the court during proceedings involving protective orders?
Under what conditions can a party or witness testify via telephone or video conference?
Under what conditions can a party or witness testify via telephone or video conference?
How many times can a plaintiff request a protective order?
How many times can a plaintiff request a protective order?
What is the primary purpose of an Order of Protection?
What is the primary purpose of an Order of Protection?
What cannot be a reason for denying a protective order?
What cannot be a reason for denying a protective order?
Which of the following is true regarding an Emergency Order of Protection?
Which of the following is true regarding an Emergency Order of Protection?
What must parties do regarding changes in address or phone number?
What must parties do regarding changes in address or phone number?
What is true about the forms used for protective orders?
What is true about the forms used for protective orders?
What differentiates an Injunction Against Harassment from an Order of Protection?
What differentiates an Injunction Against Harassment from an Order of Protection?
Which filing or service fees cannot be charged by the court?
Which filing or service fees cannot be charged by the court?
Who is allowed to file a petition for an Injunction Against Workplace Harassment?
Who is allowed to file a petition for an Injunction Against Workplace Harassment?
Under what condition can a judicial officer include a child in a protective order?
Under what condition can a judicial officer include a child in a protective order?
Which statement regarding the presence of law enforcement during a hearing is true?
Which statement regarding the presence of law enforcement during a hearing is true?
What action must occur if the person needing protection is a minor?
What action must occur if the person needing protection is a minor?
How must protective order forms be handled by the court?
How must protective order forms be handled by the court?
What is a continuous duty of a party whose address is protected from disclosure?
What is a continuous duty of a party whose address is protected from disclosure?
What is necessary for a court to find a third party appropriate to file a request for a protective order?
What is necessary for a court to find a third party appropriate to file a request for a protective order?
Which court can issue a protective order against a person under 12 years of age?
Which court can issue a protective order against a person under 12 years of age?
What is true about modifying an existing protective order?
What is true about modifying an existing protective order?
What is necessary before changing any part of the mandated protective order forms?
What is necessary before changing any part of the mandated protective order forms?
What does an Order for Lifetime No-Contact Injunction prohibit?
What does an Order for Lifetime No-Contact Injunction prohibit?
What must agree for courts located within a one-mile proximity when issuing protective orders?
What must agree for courts located within a one-mile proximity when issuing protective orders?
When can a victim advocate accompany the plaintiff during an ex parte hearing?
When can a victim advocate accompany the plaintiff during an ex parte hearing?
What is the relationship requirement for an Order of Protection?
What is the relationship requirement for an Order of Protection?
What defines a 'protected person' in the context of protective orders?
What defines a 'protected person' in the context of protective orders?
What must a judicial officer find to grant an ex parte Order of Protection?
What must a judicial officer find to grant an ex parte Order of Protection?
When determining reasonable cause for issuing an Order of Protection, which of the following is NOT a relevant consideration?
When determining reasonable cause for issuing an Order of Protection, which of the following is NOT a relevant consideration?
What is required for a judicial officer to consider a longer period than one year for past domestic violence incidents?
What is required for a judicial officer to consider a longer period than one year for past domestic violence incidents?
Which of the following scenarios satisfies the relationship test for an Order of Protection?
Which of the following scenarios satisfies the relationship test for an Order of Protection?
What must a court do regarding existing family law actions when reviewing a petition for an Order of Protection?
What must a court do regarding existing family law actions when reviewing a petition for an Order of Protection?
Which of the following is a possible relief granted in an Order of Protection?
Which of the following is a possible relief granted in an Order of Protection?
If the plaintiff moves out of a residence while an Order of Protection is in effect, what must they do?
If the plaintiff moves out of a residence while an Order of Protection is in effect, what must they do?
Under what condition can a judicial officer exclude periods of absence from a defendant in the calculation of the one-year determination for past domestic violence?
Under what condition can a judicial officer exclude periods of absence from a defendant in the calculation of the one-year determination for past domestic violence?
Which factor is considered when determining if a relationship was romantic or sexual?
Which factor is considered when determining if a relationship was romantic or sexual?
What action is prohibited in an Order of Protection related to animals?
What action is prohibited in an Order of Protection related to animals?
In what scenario can a plaintiff act on behalf of a victim regarding an Order of Protection?
In what scenario can a plaintiff act on behalf of a victim regarding an Order of Protection?
What is the minimum duration an Order of Protection served after September 24, 2022, will remain in effect?
What is the minimum duration an Order of Protection served after September 24, 2022, will remain in effect?
What is the purpose of assessing the defendant's connection to firearms during the Order of Protection proceedings?
What is the purpose of assessing the defendant's connection to firearms during the Order of Protection proceedings?
Which judicial figure is NOT authorized to issue an Emergency Order of Protection in counties with a population of 150,000 or more?
Which judicial figure is NOT authorized to issue an Emergency Order of Protection in counties with a population of 150,000 or more?
What must a judicial officer do before issuing an Order of Protection?
What must a judicial officer do before issuing an Order of Protection?
Which of the following is NOT considered a statutory relationship for issuing an Order of Protection?
Which of the following is NOT considered a statutory relationship for issuing an Order of Protection?
What action must a law enforcement officer take regarding the Emergency Order of Protection once given verbal authorization?
What action must a law enforcement officer take regarding the Emergency Order of Protection once given verbal authorization?
What constitutes an immediate and present danger that might justify issuing an Emergency Order of Protection?
What constitutes an immediate and present danger that might justify issuing an Emergency Order of Protection?
What specific action is required of a defendant upon service of an Order of Protection if they own any firearms?
What specific action is required of a defendant upon service of an Order of Protection if they own any firearms?
How long does an Emergency Order of Protection last after issuance?
How long does an Emergency Order of Protection last after issuance?
What must a judicial officer do if they deny a request for protection after an ex parte hearing?
What must a judicial officer do if they deny a request for protection after an ex parte hearing?
What needs to be included in a petition for an Injunction Against Harassment?
What needs to be included in a petition for an Injunction Against Harassment?
Which of the following statements about the duration of modified Orders of Protection is correct?
Which of the following statements about the duration of modified Orders of Protection is correct?
In case of a violation of the order to transfer firearms, who must the plaintiff report it to?
In case of a violation of the order to transfer firearms, who must the plaintiff report it to?
What is the main purpose of issuing an injunction against harassment?
What is the main purpose of issuing an injunction against harassment?
What is required for a plaintiff when signing the petition for an Injunction Against Harassment?
What is required for a plaintiff when signing the petition for an Injunction Against Harassment?
What happens if a defendant is found to be a credible threat to the physical safety of the plaintiff?
What happens if a defendant is found to be a credible threat to the physical safety of the plaintiff?
What is a requirement for the issuance of an Injunction Against Harassment?
What is a requirement for the issuance of an Injunction Against Harassment?
What can a judicial officer prohibit as part of an Injunction Against Harassment?
What can a judicial officer prohibit as part of an Injunction Against Harassment?
What must a judicial officer document upon denying a request for an Injunction Against Harassment?
What must a judicial officer document upon denying a request for an Injunction Against Harassment?
When does an Injunction Against Harassment become effective?
When does an Injunction Against Harassment become effective?
What is the primary purpose of asking about the defendant's access to firearms during the issuance of an injunction?
What is the primary purpose of asking about the defendant's access to firearms during the issuance of an injunction?
What must a judicial officer ensure when granting protective orders to prevent conflicting relief?
What must a judicial officer ensure when granting protective orders to prevent conflicting relief?
What is the maximum timeframe for setting a hearing on conflicting protective orders after their discovery?
What is the maximum timeframe for setting a hearing on conflicting protective orders after their discovery?
Which of the following options can be included in an Injunction Against Harassment?
Which of the following options can be included in an Injunction Against Harassment?
When two judicial officers issue conflicting orders, what is presumed regarding the court to conduct hearings?
When two judicial officers issue conflicting orders, what is presumed regarding the court to conduct hearings?
Which of these statements is true regarding the duration of an Injunction Against Workplace Harassment?
Which of these statements is true regarding the duration of an Injunction Against Workplace Harassment?
What must the plaintiff do before a judicial officer can issue an Injunction Against Workplace Harassment?
What must the plaintiff do before a judicial officer can issue an Injunction Against Workplace Harassment?
Which of the following is NOT a condition under which parties can be referred to alternative dispute resolution for an Order of Protection?
Which of the following is NOT a condition under which parties can be referred to alternative dispute resolution for an Order of Protection?
The judicial officer may set a hearing within how many days if they have insufficient information after an ex parte hearing?
The judicial officer may set a hearing within how many days if they have insufficient information after an ex parte hearing?
What must be done if a family law case and a protective order case are assigned the same case number?
What must be done if a family law case and a protective order case are assigned the same case number?
Which of the following actions is NOT a form of relief that can be granted in an Injunction Against Harassment?
Which of the following actions is NOT a form of relief that can be granted in an Injunction Against Harassment?
Which of the following outlines a condition under which a cross petition may be assigned a new case number?
Which of the following outlines a condition under which a cross petition may be assigned a new case number?
What is required before initiating alternative dispute resolution in harassment injunction cases?
What is required before initiating alternative dispute resolution in harassment injunction cases?
What type of hearing must be held for an Injunction Against Workplace Harassment?
What type of hearing must be held for an Injunction Against Workplace Harassment?
What is the main focus when the judicial officer reviews the petition for an Injunction Against Workplace Harassment?
What is the main focus when the judicial officer reviews the petition for an Injunction Against Workplace Harassment?
In cases with conflicting protective orders, what must the judicial officers do?
In cases with conflicting protective orders, what must the judicial officers do?
What determines the validity of harassment claims in an Injunction Against Harassment?
What determines the validity of harassment claims in an Injunction Against Harassment?
Which of the following scenarios allows for mediation in a harassment injunction case?
Which of the following scenarios allows for mediation in a harassment injunction case?
What happens if a court finds that each party is entitled to protection when filed separately for protective orders?
What happens if a court finds that each party is entitled to protection when filed separately for protective orders?
What is the legal requirement regarding offender treatment programs after a hearing?
What is the legal requirement regarding offender treatment programs after a hearing?
What constitutes a valid reason for a judicial officer to deny a protective order?
What constitutes a valid reason for a judicial officer to deny a protective order?
When can the protective orders be deemed effective?
When can the protective orders be deemed effective?
What cannot be charged a service fee according to court regulations?
What cannot be charged a service fee according to court regulations?
Which of the following is correct regarding the fee deferrals related to service fees?
Which of the following is correct regarding the fee deferrals related to service fees?
What must a plaintiff do to commence an action for a protective order?
What must a plaintiff do to commence an action for a protective order?
What requirement must a judicial officer follow during protective order hearings?
What requirement must a judicial officer follow during protective order hearings?
What must not be considered by a judicial officer when a plaintiff petitions for a protective order?
What must not be considered by a judicial officer when a plaintiff petitions for a protective order?
What is required from a plaintiff who is residing in a domestic violence shelter during the court proceedings?
What is required from a plaintiff who is residing in a domestic violence shelter during the court proceedings?
What type of protective orders is prohibited from being granted by a judicial officer?
What type of protective orders is prohibited from being granted by a judicial officer?
What must a plaintiff include in their petition for an Order of Protection?
What must a plaintiff include in their petition for an Order of Protection?
Which statement is true regarding the confidentiality of a plaintiff's address?
Which statement is true regarding the confidentiality of a plaintiff's address?
What must a judicial officer verify regarding existing protective orders before issuing a new one?
What must a judicial officer verify regarding existing protective orders before issuing a new one?
Which of the following statements regarding service fees is incorrect?
Which of the following statements regarding service fees is incorrect?
What occurs if a contested protective order hearing is not recorded or reported?
What occurs if a contested protective order hearing is not recorded or reported?
In which situation is a law enforcement agency not allowed to require advance payment for service fees?
In which situation is a law enforcement agency not allowed to require advance payment for service fees?
What happens to a protective order if it is not served on the defendant within one year from its issuance?
What happens to a protective order if it is not served on the defendant within one year from its issuance?
Which of the following is NOT required when serving a protective order on the defendant?
Which of the following is NOT required when serving a protective order on the defendant?
What must a court do if it transmits an Order of Protection to law enforcement but does not use the service portal?
What must a court do if it transmits an Order of Protection to law enforcement but does not use the service portal?
Which action is allowed if a defendant is present in court and refuses to sign an acceptance of service?
Which action is allowed if a defendant is present in court and refuses to sign an acceptance of service?
What is the maximum timeframe for the issuance of an Order of Protection if extraordinary circumstances delay service?
What is the maximum timeframe for the issuance of an Order of Protection if extraordinary circumstances delay service?
Which requirement is consistent for both original and modified protective orders?
Which requirement is consistent for both original and modified protective orders?
What must be reflected in the superior court's minute entry when a defendant is served in open court?
What must be reflected in the superior court's minute entry when a defendant is served in open court?
Who can serve a protective order according to Arizona law?
Who can serve a protective order according to Arizona law?
What must a judicial officer consider before permitting contact between the defendant and the plaintiff to implement legal decision-making or parenting time orders?
What must a judicial officer consider before permitting contact between the defendant and the plaintiff to implement legal decision-making or parenting time orders?
During the modification of a protective order, what must be explicitly included in the modified order?
During the modification of a protective order, what must be explicitly included in the modified order?
What should occur when a plaintiff seeks to present new allegations at a contested hearing?
What should occur when a plaintiff seeks to present new allegations at a contested hearing?
Which action must the court take if a defendant refuses to sign an acceptance of service during a protective order modification?
Which action must the court take if a defendant refuses to sign an acceptance of service during a protective order modification?
When can a limited jurisdiction court issue an ex parte protective order involving a child?
When can a limited jurisdiction court issue an ex parte protective order involving a child?
What protocol does the court follow for scheduling hearings after a protective order request?
What protocol does the court follow for scheduling hearings after a protective order request?
Which factor is NOT considered when determining the risk for safety in protective order cases?
Which factor is NOT considered when determining the risk for safety in protective order cases?
What must a judicial officer do at a contested hearing regarding a new petition amendment?
What must a judicial officer do at a contested hearing regarding a new petition amendment?
What is a requirement during evidential hearings concerning protective orders?
What is a requirement during evidential hearings concerning protective orders?
What happens if a plaintiff moves out of a residence while an Order of Protection is in effect?
What happens if a plaintiff moves out of a residence while an Order of Protection is in effect?
What does the court do if relevant evidence is provided that may lead to unfair prejudice?
What does the court do if relevant evidence is provided that may lead to unfair prejudice?
What must be done regarding documentation required for hearings on protective orders?
What must be done regarding documentation required for hearings on protective orders?
In what scenario must the court notify the plaintiff about the hearing?
In what scenario must the court notify the plaintiff about the hearing?
Under what condition can a specially appointed person serve process according to the rules regarding protective orders?
Under what condition can a specially appointed person serve process according to the rules regarding protective orders?
What is the maximum time frame in which proof of service must be filed with the court?
What is the maximum time frame in which proof of service must be filed with the court?
Which entity maintains a central repository for protective orders?
Which entity maintains a central repository for protective orders?
What occurs if a limited jurisdiction court issues a protective order while a related family law action is pending in superior court?
What occurs if a limited jurisdiction court issues a protective order while a related family law action is pending in superior court?
When a protective order is transferred to another court, what must the transferring court do within 24 hours?
When a protective order is transferred to another court, what must the transferring court do within 24 hours?
Which of the following is NOT considered in deciding whether to grant a protective order prohibiting contact with a child?
Which of the following is NOT considered in deciding whether to grant a protective order prohibiting contact with a child?
Which statement about the registration of protective orders is accurate?
Which statement about the registration of protective orders is accurate?
What must a limited jurisdiction court do when notified of a pending family law action after having issued a protective order?
What must a limited jurisdiction court do when notified of a pending family law action after having issued a protective order?
What is the role of the peace officer if a defendant is physically present with the plaintiff and has not been served?
What is the role of the peace officer if a defendant is physically present with the plaintiff and has not been served?
What action must be taken by court staff upon receiving proof of service for an Order for Lifetime No-Contact Injunction?
What action must be taken by court staff upon receiving proof of service for an Order for Lifetime No-Contact Injunction?
In what circumstances can the protective order include provisions regarding legal decision-making and parenting time?
In what circumstances can the protective order include provisions regarding legal decision-making and parenting time?
Under what condition can a defendant request the dismissal of an Order for Lifetime No-Contact Injunction?
Under what condition can a defendant request the dismissal of an Order for Lifetime No-Contact Injunction?
If a judicial officer determines that a protective order may be necessary, which of the following factors does NOT influence their decision?
If a judicial officer determines that a protective order may be necessary, which of the following factors does NOT influence their decision?
What is the effective duration of an Order for Lifetime No-Contact Injunction issued under A.R.S.§ 13-719(D)?
What is the effective duration of an Order for Lifetime No-Contact Injunction issued under A.R.S.§ 13-719(D)?
What happens if the proof of service is submitted after the protective order has been transferred?
What happens if the proof of service is submitted after the protective order has been transferred?
What process must the court follow upon receiving a motion to dismiss the Order for Lifetime No-Contact Injunction from the victim?
What process must the court follow upon receiving a motion to dismiss the Order for Lifetime No-Contact Injunction from the victim?
What limitations exist for a limited jurisdiction court when a family law action is pending?
What limitations exist for a limited jurisdiction court when a family law action is pending?
Which of the following statements is true regarding the dismissal of an Order for Lifetime No-Contact Injunction requested by the defendant?
Which of the following statements is true regarding the dismissal of an Order for Lifetime No-Contact Injunction requested by the defendant?
Who is prohibited from being a specially appointed process server for protective orders?
Who is prohibited from being a specially appointed process server for protective orders?
What types of forms must courts provide for the Order for Lifetime No-Contact Injunction?
What types of forms must courts provide for the Order for Lifetime No-Contact Injunction?
What must happen for the court to grant a defendant's request for dismissal based on the victim's death?
What must happen for the court to grant a defendant's request for dismissal based on the victim's death?
Which of the following must courts ensure when issuing approved forms for an Order for Lifetime No-Contact Injunction?
Which of the following must courts ensure when issuing approved forms for an Order for Lifetime No-Contact Injunction?
What happens if the plaintiff appears for the contested hearing but the defendant fails to appear after receiving actual notice?
What happens if the plaintiff appears for the contested hearing but the defendant fails to appear after receiving actual notice?
Under which condition can a modified protective order be served on the defendant?
Under which condition can a modified protective order be served on the defendant?
Which standard of proof must the plaintiff meet for a protective order to remain in effect?
Which standard of proof must the plaintiff meet for a protective order to remain in effect?
What must occur if neither party appears for the contested hearing?
What must occur if neither party appears for the contested hearing?
What should the judicial officer do regarding the basis for the protective order after a hearing?
What should the judicial officer do regarding the basis for the protective order after a hearing?
Which factor does NOT influence a judicial officer's decision to award costs and attorney fees?
Which factor does NOT influence a judicial officer's decision to award costs and attorney fees?
What must court personnel do when a plaintiff files a motion to modify a protective order?
What must court personnel do when a plaintiff files a motion to modify a protective order?
What is the role of the clerk of the court regarding updates from the victim?
What is the role of the clerk of the court regarding updates from the victim?
If a plaintiff requests the dismissal of a protective order with the defendant present, what can the judicial officer do?
If a plaintiff requests the dismissal of a protective order with the defendant present, what can the judicial officer do?
Which order is NOT appealable under the specified rules?
Which order is NOT appealable under the specified rules?
Who is required to file a petition for a minor victim?
Who is required to file a petition for a minor victim?
What is required prior to a judicial officer modifying an existing protective order?
What is required prior to a judicial officer modifying an existing protective order?
What information must be included in the petition for a Lifetime No-Contact Injunction?
What information must be included in the petition for a Lifetime No-Contact Injunction?
How is an order entered by a limited jurisdiction court appealed?
How is an order entered by a limited jurisdiction court appealed?
Which entity is not allowed to charge a fee for filing a petition?
Which entity is not allowed to charge a fee for filing a petition?
Which of the following statements is true about the service and registration of a modified protective order?
Which of the following statements is true about the service and registration of a modified protective order?
What declaration must the filer include in the petition?
What declaration must the filer include in the petition?
What happens if a plaintiff requests the dismissal of a protective order without the defendant present?
What happens if a plaintiff requests the dismissal of a protective order without the defendant present?
What must follow the issuance of an Order for Lifetime No-Contact Injunction?
What must follow the issuance of an Order for Lifetime No-Contact Injunction?
Who can initiate service of the injunction if the victim is a minor?
Who can initiate service of the injunction if the victim is a minor?
What is required to prove service of the injunction?
What is required to prove service of the injunction?
What happens if a court determines the conviction is not qualifying?
What happens if a court determines the conviction is not qualifying?
What should be included in the Confidential Victim Information Sheet?
What should be included in the Confidential Victim Information Sheet?
Which level of conviction does not qualify for a Lifetime No-Contact Injunction?
Which level of conviction does not qualify for a Lifetime No-Contact Injunction?
What information is not required when filing a petition?
What information is not required when filing a petition?
What obligation does the court have regarding notice to the defendant?
What obligation does the court have regarding notice to the defendant?
Which document must be attached to the petition for a Lifetime No-Contact Injunction?
Which document must be attached to the petition for a Lifetime No-Contact Injunction?
Flashcards
Domestic Violence
Domestic Violence
An act violating A.R.S. § 13-3601(A) within a specified relationship.
Ex Parte
Ex Parte
Court procedure where one party gets a benefit without the other party's notice.
Order of Protection
Order of Protection
Court order preventing domestic violence in specific relationships.
Emergency Order of Protection
Emergency Order of Protection
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Injunction Against Harassment
Injunction Against Harassment
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Injunction Against Workplace Harassment
Injunction Against Workplace Harassment
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Lifetime No-Contact Injunction
Lifetime No-Contact Injunction
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Plaintiff
Plaintiff
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Defendant
Defendant
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Protective Order Procedure Rules
Protective Order Procedure Rules
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Qualifying Convictions
Qualifying Convictions
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Petition Requirements
Petition Requirements
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Cross Petitions
Cross Petitions
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Conflicting Orders
Conflicting Orders
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Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)
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Offender Treatment Programs
Offender Treatment Programs
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Service of Protective Orders
Service of Protective Orders
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Registration of Protective Orders
Registration of Protective Orders
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Jurisdiction
Jurisdiction
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Legal Decision-Making
Legal Decision-Making
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Contested Hearings
Contested Hearings
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Modification of Protective Orders
Modification of Protective Orders
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Dismissal of Protective Orders
Dismissal of Protective Orders
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Study Notes
Overview of Arizona Rules of Protective Order Procedure
- Rules 1-42 guide the procedures for protective orders under specific statutes regarding domestic violence, harassment, and workplace harassment.
- Rules 3, 4, 42, and 43 govern petitions for a Lifetime No-Contact Injunction under A.R.S. § 13-719(D).
Scope and Applicability
- Arizona Revised Statutes include:
- A.R.S. § 13-3602: Order of Protection
- A.R.S. § 13-3624: Emergency Order of Protection
- A.R.S. § 12-1809: Injunction Against Harassment
- A.R.S. § 12-1810: Injunction Against Workplace Harassment
Definitions
- Domestic Violence: Any act defined in A.R.S. § 13-3601(A) in a specified relationship context.
- Ex Parte: Court procedure benefiting one party without the other's notice.
- Harassment: Defined differently for:
- Injunction Against Harassment (repeated acts alarming a specific person)
- Workplace Harassment (single act or series alarming an individual in a workplace context)
Types of Protective Orders
- Order of Protection: Issued to prevent domestic violence for specified relationships.
- Emergency Order of Protection: Requested by officers in emergency situations for imminent danger.
- Injunction Against Harassment: No relationship requirement; aimed at preventing harassment.
- Injunction Against Workplace Harassment: Allows employers to seek orders against harassment affecting employees.
- Lifetime No-Contact Injunction: Prohibits contact after specific convictions.
Parties Involved
- Plaintiff: The person filing for protection.
- Victim: Term interchangeable with plaintiff.
- Protected Person: Individual designated to receive protection under the order.
- Defendant: Person against whom protection is sought.
- Minor as Defendant: Only juvenile court can issue protective orders against those under 12.
Court Procedures and Accessibility
- Courts must be available during normal hours for protective order issues; emergency orders can be requested after hours.
- Ex parte hearing access must allow victim advocates and protect minor children's presence during hearings.
- Filing may occur at any court regardless of residence of parties.
Confidentiality and Security
- Court records regarding protective orders are not publicly accessible until certain conditions are met.
- Courts must maintain security and confidentiality for parties involved, ensuring that contact between involved parties is minimized.
Filing and Fees
- No filing fees for petitions related to protective orders or harassment injunctive relief.
- Court must defer or waive fees for plaintiffs unable to pay.
- Courts must provide forms without charge and ensure plaintiffs receive guidance on procedures.
Hearing and Decision-Making
- Courts prioritize hearings for protective orders involving threats to personal safety.
- Requests for protective orders are evaluated independently without bias based on previous petitions.
- All hearings must be recorded to ensure accurate proceedings for potential appeals.
Restrictions and Prohibitions
- Mutual protective orders (restraining both parties) are not permitted.
- Courts must investigate existing orders before issuing new ones to avoid conflicts.
- Judicial officers prohibit orders that place conditions on plaintiffs or issue multiple orders in the same case.
Additional Resources
- Arizona courts must direct parties to community resources, including domestic violence treatment programs and safety planning services.
- Educational materials such as guide sheets for plaintiffs and defendants must accompany protective orders issued by the court.### Order of Protection Procedures
- A judicial officer must confirm the plaintiff's signature and authenticity of allegations if signed outside their presence.
- Review of petitions includes examining supporting pleadings and evidence of harassment, including electronic communication.
- Reasonable cause to issue an ex parte Order of Protection requires belief that domestic violence may occur or has occurred within the past year, with some exceptions for defendant absences.
- Separate reasonable cause determinations are required for the plaintiff and any other individuals listed in the petition.
Relationship Criteria
- A defined relationship between the plaintiff and defendant must exist based on statute, blood, or marriage.
- Statutory relationships include shared household residents, common children, victims who are pregnant by the defendant, and prior romantic relationships.
- Blood relationships recognize familial ties such as parent, sibling, grandparent, etc.
- Marriage relationships include current or former spouses and in-law connections.
- The plaintiff may act on behalf of a victim if they have legal guardianship or if the victim cannot request an order.
Court Jurisdiction and Review
- Plaintiffs must disclose any pending family law actions in superior court.
- Judicial officers can prohibit contact and provide exclusive residence rights to plaintiffs to prevent harm.
- Defendants may be restricted from visiting specified locations related to the plaintiff, including homes and workplaces.
Firearms Restrictions
- Assessing the defendant's access to firearms is required. If deemed a credible threat, possession may be prohibited, and firearms must be transferred to law enforcement.
Order Effectiveness and Duration
- Orders of Protection are active once the defendant is served and are valid for two years for those served after September 24, 2022, and one year for those served before.
- Emergency Orders of Protection can be issued via telephone during court closures, especially in jurisdictions with populations over 150,000.
- Emergency orders expire seven days post-issuance, but plaintiffs can file for a standard order afterward.
Injunctions Against Harassment
- A judicial officer holds individual hearings for plaintiffs requesting an injunction, with a requirement for petition verification.
- Specific acts of harassment must be detailed, with findings necessary to justify the injunction.
- Judicial relief can include no-contact provisions and restrictions on proximity to victims or workplaces.
Cross Petitions
- Separate protective orders can be granted if multiple parties seek protection, ensuring there are no conflicting orders.
- Cross petitions may be assigned either new or existing case numbers, but certain confidentiality measures apply to protect the identities of the parties involved.
Attorney Documentation
- Judicial officers must formally document the issuance of any emergency or standard orders and maintain accurate records of procedural compliance throughout the process.### Rule 27: Cross Petitions
- Separate protective orders can be granted when each party petitions the court, provided both are entitled to protection.
- Judicial officers must avoid granting conflicting relief between the orders.
- Separate petitions can be heard either through ex parte hearings or a joint hearing.
- Cross petitions may receive a new case number or link to an existing family law case, but remote access to case information must be restricted to protect the party's identity.
Rule 28: Conflicting Orders
- Conflicting protective orders must be enforced fully, regardless of jurisdiction.
- If conflicting orders exist, a hearing must be scheduled within five court business days to address the conflict.
- Judicial officers must consult and decide on a single jurisdiction to handle the conflicting orders, usually the one where the first petition was filed.
- The resolution of conflicts involving orders issued by a limited jurisdiction court must typically occur in superior court.
Rule 29: Alternative Dispute Resolution (ADR)
- Parties cannot be referred to ADR for an Order of Protection, but mediation related to parenting time is allowed under specific rules.
- Harassment injunctions can be sent to ADR if deemed appropriate, excluding those involving sexual violence.
- Parties must be informed of their ability to decline ADR participation before it begins; attendance cannot be mandated pending the resolution of the matter.
Rule 30: Offender Treatment Programs
- A judicial officer can mandate a defendant to complete a court-approved domestic violence offender treatment program after a noticed hearing.
- Noncompliance with the treatment order can be reported to law enforcement, and a judicial officer may initiate an Order to Show Cause hearing for further action.
Service of Protective Orders
- Service can only be conducted by authorized personnel as defined in Arizona Rules of Civil Procedure and relevant Arizona Revised Statutes.
- Unserved protective orders expire within one year from the date signed by the judicial officer.
- Upon issuance, protective orders must be transmitted to law enforcement for service on the same day unless extraordinary circumstances prevent it, in which case a 72-hour guideline is applied.
- No certification is required for the copy of the order served on the defendant.
- Similar service and registration requirements apply for modified protective orders.
- A defendant may sign an acceptance of service, and if refused, can be served in open court.
Registration and Jurisdiction
- The supreme court maintains a central repository for protection orders, which must be entered within 24 hours of being served.
- The validity of a protective order is not dependent on registration; it is enforceable regardless of its status.
- Superior courts have exclusive jurisdiction over protective orders in cases with pending family law matters.
- Limited jurisdiction courts cannot issue protective orders if related family law actions are pending, although such orders remain valid if issued.
Legal Decision Making and Parenting Time
- Protective orders typically do not address legal decision-making or parenting time, which must be dealt with separately in superior court.
- Courts must evaluate the safety of children involved when considering protective orders that impact child contact with a defendant.
- Limited jurisdiction courts can only permit mediated contact regarding arrangements but cannot allow direct in-person contact for legal matters unless specifically allowed by a superior court.
Contested Hearings and Procedure
- A defendant can request a hearing on a protective order, and hearings for exclusive residence usage must happen within 5 days.
- The court must notify the plaintiff about the hearing; personal service of notice is not required.
- Procedures are in place to ensure fair hearings, including the right to present evidence and the court's obligation to maintain order for protection.
- Both parties must be allowed to testify, and the plaintiff must prove their case by a preponderance of the evidence.
Costs and Attorney Fees
- After a hearing, a judicial officer may order any party to pay costs and attorney fees based on various factors, including the merits of the case.
Modification and Dismissal of Protective Orders
- Plaintiffs can request modifications or dismissals of protective orders at any time, with necessary identity verification and screening for coercion.
- Judicial officers must ensure that requests to modify or dismiss are made freely and not under duress.
Appeals
- Certain orders related to protective actions are appealable, including those denying a protective order or after hearings involving both parties.
- Orders from limited jurisdiction courts appeal to the superior court, while superior court orders go to the court of appeals.
Evidence and Disclosure Requirements
- The court is limited to evidence relevant to the allegations in the petition, balancing admissibility against potential unfair prejudice.
- Disclosure requirements found in other civil and family rules may not apply to these hearings unless specified by the court.### Order for Lifetime No-Contact Injunction
- Issued against defendants with qualifying convictions under A.R.S. § 13-719(D).
- Qualifying offenses include dangerous felonies, serious offenses, and specific Title 13 felony offenses.
Qualifying Convictions
- Dangerous offenses as defined by A.R.S. § 13-105 that are felonies.
- Serious offenses or violent/aggravated felonies under A.R.S. § 13-706.
- Felony offenses listed in Title 13, Chapter 14 or 35.1.
Petition Initiation
- Filed by victims, victim’s attorney, legal guardian, or prosecutor.
- For minor victims, parents or guardians must file, unless court determines otherwise.
- Definition of “victim” aligns with A.R.S. § 13-4401.
Filing Procedure
- Petitions filed in the court of the defendant's sentencing.
- No filing fee is charged by the court.
Petition Requirements
- Must include:
- Filer identity (victim or authorized individual).
- Defendant’s name and date of birth.
- Information on the conviction.
- Any existing parenting time or decision-making orders.
- Additional optional information may include:
- Defendant's contact details.
- Sentencing order copy.
- Requires a declaration under penalty of perjury from the filer.
Confidentiality
- Must attach a completed Confidential Victim Information Sheet to the petition; not publicly accessible.
Victim's Responsibilities
- Victim must keep the court updated on current contact information via an Updated Confidential Victim Information Sheet.
Notice to Defendant
- Court sends notice of the petition to defendant’s sentencing counsel or directly to the defendant if unrepresented.
- Defendant has 21 days to file a response.
Processing the Petition
- If qualifying, the court issues a Lifetime No-Contact Injunction.
- Non-qualifying convictions will result in a written denial to the victim.
Service of Injunction
- The injunction must be personally served on the defendant; service by law enforcement is required.
- No fee for service by sheriff or law enforcement; proof of service to be filed within 72 hours.
Order Validity and Dismissal
- Lifelong unless dismissed.
- Victim can request dismissal anytime; court verifies identity and reason.
- Defendant may request dismissal if conditions meet specific criteria (e.g., conviction dismissed, victim deceased).
Court Notifications
- Court must notify the victim of any dismissal requests from the defendant, allowing a chance to respond.
Forms and Accessibility
- Courts must provide no-contact injunction forms free of charge.
- Standards for forms are to assist law enforcement in prioritizing cases without fees for services.
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This quiz tests your knowledge on the procedures and definitions surrounding protective orders in Arizona, including terms such as 'ex parte' and 'legal decision-making.' It also covers key aspects of harassment as defined under different types of injunctions. Brush up on the relevant laws and rules to ace this quiz!
