Home Table of Contents

Rule 6. Court Availability for Protective Orders

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order Procedure

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part IV. Access to Courts
17B A.R.S. Rules Protect.Ord. Proc., Rule 6
Formerly cited as AZ ST RPOP Rule 1
Rule 6. Court Availability for Protective Orders
(a) Court Hours. All municipal, justice, and superior courts must be available during normal operating hours to issue and enforce protective orders. For an Emergency Order of Protection after normal operating hours, see Rule 24.
(b) Access to the Court for Ex Parte Hearing.
(1) A judicial officer must allow a victim advocate, if identified as such, to accompany the plaintiff during the ex parte hearing.
(2) The presence of a minor child or children does not constitute grounds to deny a plaintiff access to the court for the purposes of requesting an ex parte protective order.
(c) Where to File a Petition. A plaintiff may file a petition for a protective order with any municipal, justice, or superior court judicial officer, regardless of the parties' residence. All limited and general jurisdiction courts must accept a person's request to file a petition for a protective order even if that particular court does not normally issue protective orders.
(d) Designated Court. Courts located within a one-mile proximity may agree to designate a court for issuance of protective orders. If courts enter into such an agreement, the referring court must provide written or verbal information and directions regarding the designated court and, prior to referral, must ensure that the designated court is open to issue an order that day. If the designated court is not available to issue orders, the referring court must conduct the individual hearing with the plaintiff.
(e) Courts with Part-time Judicial Officers. A court having only a part-time judicial officer must provide coverage for the court, or court staff must direct a person requesting a protective order to the appropriate court location after ensuring a judicial officer is available.

Credits

Formerly Rule 1 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Amended Aug. 30, 2012, effective Jan. 1, 2013. Renumbered Rule 6 and amended Aug. 27, 2015, effective Jan. 1, 2016.
17B A. R. S. Rules Protective Order Proc., Rule 6, AZ ST RPOP Rule 6
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document