Rule 23. Order of Protection
Arizona Revised Statutes AnnotatedArizona Rules of Protective Order ProcedureEffective: January 1, 2023
Effective: January 1, 2023
17B A.R.S. Rules Protect.Ord. Proc., Rule 23
Formerly cited as AZ ST RPOP Rule 6
Rule 23. Order of Protection
(c) Petition Verification. A plaintiff must sign and swear or affirm to the truth of the petition before a judicial officer or another person authorized to administer an oath. If the plaintiff signs the petition outside the presence of the judicial officer or another authorized person, the judicial officer should ask the plaintiff, on the record, to affirm the truth of the allegations and the authenticity of the signature in the petition.
(1) To grant an ex parte Order of Protection, a judicial officer must find reasonable cause to believe that the defendant may commit an act of domestic violence or has committed an act of domestic violence within the past year or within a longer period if the court finds good cause exists to consider a longer period. Periods when a defendant was absent from the state or incarcerated are excluded from the one-year calculation. See A.R.S. § 13-3602(E)-(F).
(2) A separate reasonable cause determination must be made as to the plaintiff individually and as to any other person listed in the petition, including any child with whom the defendant has a legal relationship. A separate reasonable cause determination is not required for a plaintiff's child with whom the defendant has no legal relationship.
(2) grant the plaintiff exclusive use of the parties' residence if there is reasonable cause to believe that physical harm otherwise may result. See A.R.S. § 13-3602(G)(2). If the plaintiff moves out of the residence while the order is in effect, the plaintiff must file a written notice with the court within five days after moving. Upon receipt, the court must provide a copy of the notice to the defendant and advise of the right to request a hearing pursuant to A.R.S. § 13-3602(L).
(3) order the defendant not to go on or near the residence, place of employment, or school of the plaintiff or other protected persons. Other specifically designated locations may be included in the order. If the defendant does not know the address of these additional places, a judicial officer may, at the plaintiff's request, protect the additional addresses. See A.R.S. § 13-3602(G)(3).
(4) grant the plaintiff the exclusive care, custody, or control of any animal that is owned, possessed, leased, kept, or held by the plaintiff, the defendant, or a minor child residing in the residence or household of the plaintiff or the defendant and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of A.R.S. § 13-2910, or otherwise disposing of the animal. See A.R.S. § 13-3602(G)(7).
(j) Effectiveness. An Order of Protection takes effect when the defendant is served with a copy of the order and the petition. An Order of Protection that is served on or after September 24, 2022, is in effect for two years from date of service. An Order of Protection served before September 24, 2022, is in effect for one year from date of service. A modified Order of Protection takes effect upon service and expires the same date as the initial order upon which it is based. See A.R.S. § 13-3602(N).
(k) Denial of Request or Setting of Pre-Issuance Hearing. If after the ex parte hearing the judicial officer has insufficient information on which to issue an order, the judicial officer may either deny the request or set a hearing within 10 days and provide reasonable notice to the defendant. The judicial officer must document denial of any request. See A.R.S. § 13-3602(F).
Formerly Rule 6 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 on an emergency basis effective Sept. 30, 2009. Amended June 30, 2010, effective on an emergency basis July 29, 2010, adopted on a permanent basis Sept. 1, 2011. Amended on a permanent basis effective Sept. 2, 2010. Amended Aug. 28, 2013, effective Jan. 1, 2014. Renumbered Rule 23 and amended Aug. 27, 2015, effective Jan. 1, 2016. Amended Aug. 27, 2019, effective Jan. 1, 2020. Amended on an emergency basis, effective Aug. 25, 2020, amendment adopted on a permanent basis, effective Jan. 1, 2021; amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Rules Protective Order Proc., Rule 23, AZ ST RPOP Rule 23
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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