Arizona Rules of Protective Order Procedure (Family Law)

Questions and Answers

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?

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?

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?

They apply only if they are consistent with protective order rules. Signup and view all the answers

What does the term 'legal decision-making' entail?

The right to make major decisions affecting a child’s life Signup and view all the answers

In the context of an Injunction Against Workplace Harassment, what constitutes harassment?

A single threat or act of physical harm or damage Signup and view all the answers

Which rules specifically govern the procedures for an Order for Lifetime No-Contact Injunction?

Rules 3, 4, 42, and 43 Signup and view all the answers

What criteria must be met for conduct to be considered harassment under an Order of Protection?

Behavior that causes a reasonable person to feel humiliated or mentally distressed Signup and view all the answers

What must a court do if it has only a part-time judicial officer and a person requests a protective order?

Ensure a judicial officer is available before proceeding. Signup and view all the answers

Which of the following statements regarding public access to case information is true?

No information regarding protective orders can be publicly shared until proof of service is filed. Signup and view all the answers

What is required of the court during proceedings involving protective orders?

Ensure that individuals are treated with fairness and respect. Signup and view all the answers

Under what conditions can a party or witness testify via telephone or video conference?

If no substantial prejudice will be caused by allowing it. Signup and view all the answers

How many times can a plaintiff request a protective order?

An unlimited number of requests. Signup and view all the answers

What is the primary purpose of an Order of Protection?

To prevent domestic violence. Signup and view all the answers

What cannot be a reason for denying a protective order?

The applicant's immigration status. Signup and view all the answers

Which of the following is true regarding an Emergency Order of Protection?

It can be requested by a peace officer under urgent circumstances. Signup and view all the answers

What must parties do regarding changes in address or phone number?

Submit changes as soon as they are known. Signup and view all the answers

What is true about the forms used for protective orders?

Only forms adopted by the Arizona Supreme Court may be used. Signup and view all the answers

What differentiates an Injunction Against Harassment from an Order of Protection?

An Injunction Against Harassment does not have a relationship requirement. Signup and view all the answers

Which filing or service fees cannot be charged by the court?

Request for a modification of any protective order. Signup and view all the answers

Who is allowed to file a petition for an Injunction Against Workplace Harassment?

An employer or authorized agent of the employer. Signup and view all the answers

Under what condition can a judicial officer include a child in a protective order?

If there is reasonable cause to believe physical harm may occur to the child. Signup and view all the answers

Which statement regarding the presence of law enforcement during a hearing is true?

The plaintiff may request the presence of law enforcement if available. Signup and view all the answers

What action must occur if the person needing protection is a minor?

A parent or legal guardian is required to file the petition. Signup and view all the answers

How must protective order forms be handled by the court?

They must provide forms to all parties without charge. Signup and view all the answers

What is a continuous duty of a party whose address is protected from disclosure?

Provide a current mailing address to the clerk of the court. Signup and view all the answers

What is necessary for a court to find a third party appropriate to file a request for a protective order?

The judicial officer must determine their appropriateness. Signup and view all the answers

Which court can issue a protective order against a person under 12 years of age?

Juvenile division of the superior court Signup and view all the answers

What is true about modifying an existing protective order?

A plaintiff can request modifications regardless of the status of the original order. Signup and view all the answers

What is necessary before changing any part of the mandated protective order forms?

Submission for approval to the executive director of the Administrative Office of the Courts. Signup and view all the answers

What does an Order for Lifetime No-Contact Injunction prohibit?

All forms of interaction with the victim. Signup and view all the answers

What must agree for courts located within a one-mile proximity when issuing protective orders?

They must agree on designated court responsibilities. Signup and view all the answers

When can a victim advocate accompany the plaintiff during an ex parte hearing?

If identified as a victim advocate. Signup and view all the answers

What is the relationship requirement for an Order of Protection?

There is no relationship requirement. Signup and view all the answers

What defines a 'protected person' in the context of protective orders?

A person specified by the plaintiff as needing protection. Signup and view all the answers

What must a judicial officer find to grant an ex parte Order of Protection?

That there is reasonable cause to believe domestic violence may occur Signup and view all the answers

When determining reasonable cause for issuing an Order of Protection, which of the following is NOT a relevant consideration?

The defendant's previous legal history Signup and view all the answers

What is required for a judicial officer to consider a longer period than one year for past domestic violence incidents?

A finding of good cause by the court Signup and view all the answers

Which of the following scenarios satisfies the relationship test for an Order of Protection?

Individuals who have previously shared a romantic relationship Signup and view all the answers

What must a court do regarding existing family law actions when reviewing a petition for an Order of Protection?

Ask if a family law action is pending Signup and view all the answers

Which of the following is a possible relief granted in an Order of Protection?

Exclusively grant the plaintiff the use of the residence Signup and view all the answers

If the plaintiff moves out of a residence while an Order of Protection is in effect, what must they do?

Notify the court within five days Signup and view all the answers

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?

If the defendant was incarcerated Signup and view all the answers

Which factor is considered when determining if a relationship was romantic or sexual?

The frequency of interaction between the victim and the defendant Signup and view all the answers

What action is prohibited in an Order of Protection related to animals?

Transferring ownership of the animal Signup and view all the answers

In what scenario can a plaintiff act on behalf of a victim regarding an Order of Protection?

If the victim is unable to request the order themselves Signup and view all the answers

What is the minimum duration an Order of Protection served after September 24, 2022, will remain in effect?

Two years Signup and view all the answers

What is the purpose of assessing the defendant's connection to firearms during the Order of Protection proceedings?

To evaluate the threat to the plaintiff's safety Signup and view all the answers

Which judicial figure is NOT authorized to issue an Emergency Order of Protection in counties with a population of 150,000 or more?

Police chief Signup and view all the answers

What must a judicial officer do before issuing an Order of Protection?

Review evidence offered by the plaintiff Signup and view all the answers

Which of the following is NOT considered a statutory relationship for issuing an Order of Protection?

Two neighbors living on the same street Signup and view all the answers

What action must a law enforcement officer take regarding the Emergency Order of Protection once given verbal authorization?

Complete and sign the emergency order Signup and view all the answers

What constitutes an immediate and present danger that might justify issuing an Emergency Order of Protection?

Allegation of a recent incident of actual domestic violence Signup and view all the answers

What specific action is required of a defendant upon service of an Order of Protection if they own any firearms?

Surrender them to a law enforcement agency Signup and view all the answers

How long does an Emergency Order of Protection last after issuance?

Seven days Signup and view all the answers

What must a judicial officer do if they deny a request for protection after an ex parte hearing?

Document the denial Signup and view all the answers

What needs to be included in a petition for an Injunction Against Harassment?

Specific acts of harassment or violence Signup and view all the answers

Which of the following statements about the duration of modified Orders of Protection is correct?

They expire on the same date as the initial order Signup and view all the answers

In case of a violation of the order to transfer firearms, who must the plaintiff report it to?

The appropriate law enforcement agency Signup and view all the answers

What is the main purpose of issuing an injunction against harassment?

To prevent further acts of harassment Signup and view all the answers

What is required for a plaintiff when signing the petition for an Injunction Against Harassment?

To affirm the truth of the petition under oath Signup and view all the answers

What happens if a defendant is found to be a credible threat to the physical safety of the plaintiff?

They may be ordered to transfer firearms Signup and view all the answers

What is a requirement for the issuance of an Injunction Against Harassment?

There must be reasonable evidence of harassment by the defendant. Signup and view all the answers

What can a judicial officer prohibit as part of an Injunction Against Harassment?

The defendant from contacting the plaintiff or protected persons. Signup and view all the answers

What must a judicial officer document upon denying a request for an Injunction Against Harassment?

The denial of any request made by the plaintiff. Signup and view all the answers

When does an Injunction Against Harassment become effective?

Once the defendant is served with a copy of the order. Signup and view all the answers

What is the primary purpose of asking about the defendant's access to firearms during the issuance of an injunction?

To ensure adequate protection for the plaintiff. Signup and view all the answers

What must a judicial officer ensure when granting protective orders to prevent conflicting relief?

That no conflicts arise between the separate relief requests Signup and view all the answers

What is the maximum timeframe for setting a hearing on conflicting protective orders after their discovery?

Five court business days Signup and view all the answers

Which of the following options can be included in an Injunction Against Harassment?

Restricting the defendant from going near designated locations. Signup and view all the answers

When two judicial officers issue conflicting orders, what is presumed regarding the court to conduct hearings?

The court where the first petition was filed will conduct the hearings Signup and view all the answers

Which of these statements is true regarding the duration of an Injunction Against Workplace Harassment?

It expires one year from the date it is served. Signup and view all the answers

What must the plaintiff do before a judicial officer can issue an Injunction Against Workplace Harassment?

Sign and swear to the truth of the petition. Signup and view all the answers

Which of the following is NOT a condition under which parties can be referred to alternative dispute resolution for an Order of Protection?

If the court finds it required for case resolution Signup and view all the answers

The judicial officer may set a hearing within how many days if they have insufficient information after an ex parte hearing?

10 days Signup and view all the answers

What must be done if a family law case and a protective order case are assigned the same case number?

No remote electronic access to case information is allowed Signup and view all the answers

Which of the following actions is NOT a form of relief that can be granted in an Injunction Against Harassment?

Restraining the defendant from speaking about the plaintiff publicly. Signup and view all the answers

Which of the following outlines a condition under which a cross petition may be assigned a new case number?

At the discretion of the judicial officer Signup and view all the answers

What is required before initiating alternative dispute resolution in harassment injunction cases?

Each party must be notified of their ability to decline participation Signup and view all the answers

What type of hearing must be held for an Injunction Against Workplace Harassment?

An individual hearing with the plaintiff. Signup and view all the answers

What is the main focus when the judicial officer reviews the petition for an Injunction Against Workplace Harassment?

Any evidence offered by the plaintiff and the petition contents. Signup and view all the answers

In cases with conflicting protective orders, what must the judicial officers do?

Consult with each other and assign cases to one jurisdiction Signup and view all the answers

What determines the validity of harassment claims in an Injunction Against Harassment?

The time since the last act of harassment committed by the defendant. Signup and view all the answers

Which of the following scenarios allows for mediation in a harassment injunction case?

Mediation based on allegations of harassment not involving sexual violence Signup and view all the answers

What happens if a court finds that each party is entitled to protection when filed separately for protective orders?

Separate protective orders may be granted to each party Signup and view all the answers

What is the legal requirement regarding offender treatment programs after a hearing?

Only approved programs can be ordered Signup and view all the answers

What constitutes a valid reason for a judicial officer to deny a protective order?

The petitioner provided insufficient evidence Signup and view all the answers

When can the protective orders be deemed effective?

Immediately upon issuance by the court Signup and view all the answers

What cannot be charged a service fee according to court regulations?

An Injunction Against Harassment for sexual violence served by law enforcement Signup and view all the answers

Which of the following is correct regarding the fee deferrals related to service fees?

A judicial officer can waive any of the fees listed Signup and view all the answers

What must a plaintiff do to commence an action for a protective order?

File a verified petition with the clerk of the court Signup and view all the answers

What requirement must a judicial officer follow during protective order hearings?

Contested hearings must be electronically recorded Signup and view all the answers

What must not be considered by a judicial officer when a plaintiff petitions for a protective order?

The number of previously dismissed orders Signup and view all the answers

What is required from a plaintiff who is residing in a domestic violence shelter during the court proceedings?

An alternate address must be supplied for court contact Signup and view all the answers

What type of protective orders is prohibited from being granted by a judicial officer?

Mutual protective orders Signup and view all the answers

What must a plaintiff include in their petition for an Order of Protection?

Specific acts of domestic violence relied upon Signup and view all the answers

Which statement is true regarding the confidentiality of a plaintiff's address?

The address must not appear on the petition or order Signup and view all the answers

What must a judicial officer verify regarding existing protective orders before issuing a new one?

The existence of any other protective orders between the parties Signup and view all the answers

Which of the following statements regarding service fees is incorrect?

Court personnel can collect fees in advance for services Signup and view all the answers

What occurs if a contested protective order hearing is not recorded or reported?

The appeal leads to a new hearing in the original court Signup and view all the answers

In which situation is a law enforcement agency not allowed to require advance payment for service fees?

For Injunctions that do not involve dating relationships Signup and view all the answers

What happens to a protective order if it is not served on the defendant within one year from its issuance?

It expires and is no longer valid. Signup and view all the answers

Which of the following is NOT required when serving a protective order on the defendant?

Certification of the copy served. Signup and view all the answers

What must a court do if it transmits an Order of Protection to law enforcement but does not use the service portal?

Transmit the documents through any means available. Signup and view all the answers

Which action is allowed if a defendant is present in court and refuses to sign an acceptance of service?

The judicial officer can have the defendant served by court appointment. Signup and view all the answers

What is the maximum timeframe for the issuance of an Order of Protection if extraordinary circumstances delay service?

72 hours. Signup and view all the answers

Which requirement is consistent for both original and modified protective orders?

Service and registration requirements apply. Signup and view all the answers

What must be reflected in the superior court's minute entry when a defendant is served in open court?

The method of service used. Signup and view all the answers

Who can serve a protective order according to Arizona law?

A person authorized by specific legal rules. Signup and view all the answers

What must a judicial officer consider before permitting contact between the defendant and the plaintiff to implement legal decision-making or parenting time orders?

Each party's behavioral health Signup and view all the answers

During the modification of a protective order, what must be explicitly included in the modified order?

Details of the changes made Signup and view all the answers

What should occur when a plaintiff seeks to present new allegations at a contested hearing?

The court must allow amendments to the petition Signup and view all the answers

Which action must the court take if a defendant refuses to sign an acceptance of service during a protective order modification?

Have the defendant served in open court Signup and view all the answers

When can a limited jurisdiction court issue an ex parte protective order involving a child?

When there is an active legal decision-making order from another court Signup and view all the answers

What protocol does the court follow for scheduling hearings after a protective order request?

Conduct within a maximum time of 15 court business days Signup and view all the answers

Which factor is NOT considered when determining the risk for safety in protective order cases?

Each party's medical history Signup and view all the answers

What must a judicial officer do at a contested hearing regarding a new petition amendment?

Provide the defendant an option for a continuance Signup and view all the answers

What is a requirement during evidential hearings concerning protective orders?

Relevant evidence may be excluded if it is prejudicial Signup and view all the answers

What happens if a plaintiff moves out of a residence while an Order of Protection is in effect?

They are required to notify the court Signup and view all the answers

What does the court do if relevant evidence is provided that may lead to unfair prejudice?

The court can exclude the evidence if necessary Signup and view all the answers

What must be done regarding documentation required for hearings on protective orders?

Reports and documents must be filed or admitted into evidence Signup and view all the answers

In what scenario must the court notify the plaintiff about the hearing?

For hearings on protective orders Signup and view all the answers

Under what condition can a specially appointed person serve process according to the rules regarding protective orders?

They cannot be a party or an attorney in the action. Signup and view all the answers

What is the maximum time frame in which proof of service must be filed with the court?

72 hours after service, excluding weekends and holidays. Signup and view all the answers

Which entity maintains a central repository for protective orders?

The state supreme court. Signup and view all the answers

What occurs if a limited jurisdiction court issues a protective order while a related family law action is pending in superior court?

The order is valid and effective. Signup and view all the answers

When a protective order is transferred to another court, what must the transferring court do within 24 hours?

Update its case management system. Signup and view all the answers

Which of the following is NOT considered in deciding whether to grant a protective order prohibiting contact with a child?

The plaintiff's wishes. Signup and view all the answers

Which statement about the registration of protective orders is accurate?

A protective order remains valid regardless of its registration status. Signup and view all the answers

What must a limited jurisdiction court do when notified of a pending family law action after having issued a protective order?

Promptly transfer all documents to the superior court. Signup and view all the answers

What is the role of the peace officer if a defendant is physically present with the plaintiff and has not been served?

To effectuate service using the plaintiff's copy of the order. Signup and view all the answers

What action must be taken by court staff upon receiving proof of service for an Order for Lifetime No-Contact Injunction?

Forward relevant documents to DPS Signup and view all the answers

In what circumstances can the protective order include provisions regarding legal decision-making and parenting time?

Under no circumstances. Signup and view all the answers

Under what condition can a defendant request the dismissal of an Order for Lifetime No-Contact Injunction?

The conviction has been pardoned Signup and view all the answers

If a judicial officer determines that a protective order may be necessary, which of the following factors does NOT influence their decision?

The age of the defendant. Signup and view all the answers

What is the effective duration of an Order for Lifetime No-Contact Injunction issued under A.R.S.§ 13-719(D)?

For the defendant's natural lifetime Signup and view all the answers

What happens if the proof of service is submitted after the protective order has been transferred?

It must be sent to the superior court immediately. Signup and view all the answers

What process must the court follow upon receiving a motion to dismiss the Order for Lifetime No-Contact Injunction from the victim?

Verify the victim's identity and may schedule a hearing Signup and view all the answers

What limitations exist for a limited jurisdiction court when a family law action is pending?

They must refer the plaintiff to the superior court for action. Signup and view all the answers

Which of the following statements is true regarding the dismissal of an Order for Lifetime No-Contact Injunction requested by the defendant?

The court must inform the victim of the request before deciding Signup and view all the answers

Who is prohibited from being a specially appointed process server for protective orders?

A party or attorney in the action. Signup and view all the answers

What types of forms must courts provide for the Order for Lifetime No-Contact Injunction?

Approved lifetime no-contact injunction forms without charge Signup and view all the answers

What must happen for the court to grant a defendant's request for dismissal based on the victim's death?

Verification of the victim's death existence Signup and view all the answers

Which of the following must courts ensure when issuing approved forms for an Order for Lifetime No-Contact Injunction?

Forms should not assess any fee for service Signup and view all the answers

What happens if the plaintiff appears for the contested hearing but the defendant fails to appear after receiving actual notice?

The protective order remains in effect. Signup and view all the answers

Under which condition can a modified protective order be served on the defendant?

Only after a contested hearing has been held. Signup and view all the answers

Which standard of proof must the plaintiff meet for a protective order to remain in effect?

A preponderance of the evidence. Signup and view all the answers

What must occur if neither party appears for the contested hearing?

The hearing will be vacated but the protective order remains in effect. Signup and view all the answers

What should the judicial officer do regarding the basis for the protective order after a hearing?

State the basis for continuing, modifying, or revoking the protective order. Signup and view all the answers

Which factor does NOT influence a judicial officer's decision to award costs and attorney fees?

The emotional state of the parties. Signup and view all the answers

What must court personnel do when a plaintiff files a motion to modify a protective order?

Verify the plaintiff's identity. Signup and view all the answers

What is the role of the clerk of the court regarding updates from the victim?

Receive current contact information Signup and view all the answers

If a plaintiff requests the dismissal of a protective order with the defendant present, what can the judicial officer do?

Interview the plaintiff separately. Signup and view all the answers

Which order is NOT appealable under the specified rules?

An ex parte protective order. Signup and view all the answers

Who is required to file a petition for a minor victim?

A legal parent or guardian Signup and view all the answers

What is required prior to a judicial officer modifying an existing protective order?

Interviewing the plaintiff to ensure no duress. Signup and view all the answers

What information must be included in the petition for a Lifetime No-Contact Injunction?

The criminal case number for the conviction Signup and view all the answers

How is an order entered by a limited jurisdiction court appealed?

To the superior court. Signup and view all the answers

Which entity is not allowed to charge a fee for filing a petition?

The state judiciary Signup and view all the answers

Which of the following statements is true about the service and registration of a modified protective order?

It follows the same requirements as the original order. Signup and view all the answers

What declaration must the filer include in the petition?

A declaration under penalty of perjury Signup and view all the answers

What happens if a plaintiff requests the dismissal of a protective order without the defendant present?

The judicial officer may act without notice to the defendant. Signup and view all the answers

What must follow the issuance of an Order for Lifetime No-Contact Injunction?

Personal service to the defendant Signup and view all the answers

Who can initiate service of the injunction if the victim is a minor?

The minor's parent or legal guardian Signup and view all the answers

What is required to prove service of the injunction?

Proof of service filed within specified time Signup and view all the answers

What happens if a court determines the conviction is not qualifying?

The court issues a written order stating reasons Signup and view all the answers

What should be included in the Confidential Victim Information Sheet?

Personal information about the victim Signup and view all the answers

Which level of conviction does not qualify for a Lifetime No-Contact Injunction?

Misdemeanor offenses Signup and view all the answers

What information is not required when filing a petition?

Victim's current employment status Signup and view all the answers

What obligation does the court have regarding notice to the defendant?

Mail notice to the defendant's last known address Signup and view all the answers

Which document must be attached to the petition for a Lifetime No-Contact Injunction?

A complete Confidential Victim Information Sheet Signup and view all the answers

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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Description

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!