(a) Notice to Parties. The court must provide notice to the parties of the following filing and service fees. See A.R.S. §§ 12-284, 12-1809, 12-1810, 12-2107, 22-281, and 22-404.
(b) Filing Fees.
(1) A court cannot charge a filing fee for:
(A) a petition for an Order of Protection or an Injunction Against Harassment;
(B) a request to modify an Order of Protection or an Injunction Against Harassment;
(C) a request for a hearing for an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment; or
(D) a motion to dismiss an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment.
(2) A court may charge a filing fee for a petition for an Injunction Against Workplace Harassment pursuant to A.R.S. §§ 12-1810 and 12-284(A).
(3) A court cannot charge a filing fee for a notice of appeal or an answer for an Order of Protection or an Injunction Against Harassment, but a party can be charged the cost of preparing the record.
(4) A court may charge a fee for a notice of appeal of an Injunction Against Workplace Harassment pursuant to A.R.S. § 12-284(A).
(c) Service Fees.
(1) A service fee cannot be charged for:
(A) an Order of Protection that is served by any court-contracted or law enforcement agency. See A.R.S. § 13-3602(D).
(B) an Injunction Against Harassment where the harassment is sexual violence as defined in A.R.S. § 23-371--that is served by any court-contracted or law enforcement agency. See A.R.S. § 12-1809(D).
(2) For an Injunction Against Harassment or an Injunction Against Workplace Harassment, the fee is determined by the serving agency. See A.R.S. §§ 12-1809(D) and 12-284(A).
(d) Fee Deferrals and Waivers.
(1) A judicial officer may defer or waive any of the fees listed above. See A.R.S. § 12-302. A judicial officer cannot require the plaintiff to perform community service as a condition to the waiver or deferral of these fees. Any filing or service fees not waived may be assessed against the plaintiff.
(2) A law enforcement agency or a constable cannot require advance payment of fees for service of process of an Injunction Against Harassment not involving a dating relationship. See A.R.S. § 12-1809(D). Court personnel cannot collect advance payment on behalf of the serving agency.
Credits
Formerly Rule 2 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. Renumbered Rule 14 and amended Aug. 27, 2015, effective Jan. 1, 2016. Amended Aug. 27, 2019, effective Jan. 1, 2020; 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 14, AZ ST RPOP Rule 14
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.
