Rule 25. Injunction Against Harassment
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 25
Formerly cited as AZ ST RPOP Rule 6
Rule 25. Injunction Against Harassment
(b) Contents of Petition. In the petition, the plaintiff must allege a series of specific acts of harassment or an act or acts of sexual violence as defined in A.R.S. § 23-371, including dates of occurrence, that will be relied on at hearing. A series of acts means at least two events. See A.R.S. § 12-1809(C) and (S).
(c) Petition Verification. A plaintiff must sign and swear or affirm to the truth of the petition before a judicial officer or other 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.
(A) reasonable evidence that the defendant has committed harassment as defined in Rule 3(c), against the plaintiff, and that the defendant committed the most recent act of harassment against the plaintiff during the year preceding the filing, or that the defendant has committed at least one act of sexual violence as defined in A.R.S. § 23-371, against the plaintiff during the year preceding the filing; or
(B) that good cause exists to believe that great or irreparable harm would result to the plaintiff if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and specific facts attesting to the plaintiff's efforts to give notice to the defendant or reasons supporting the plaintiff's claim that notice should not be given. See A.R.S. § 12-1809(E).
(g) Firearms. The judicial officer must ask the plaintiff about the defendant's use of or access to firearms. If necessary to protect the plaintiff or any other specifically designated person, the judicial officer may prohibit the defendant from possessing, purchasing, or receiving firearms for the duration of the order.
(h) 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. § 12-1809(E).
(i) Effectiveness. An Injunction Against Harassment takes effect when the defendant is served with a copy of the order and the petition, and it expires one year from the date it is served. A modified Injunction Against Harassment takes effect upon service but expires one year after service of the initial order. See A.R.S. § 12-1809(J).
Credits
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 25 and amended Aug. 27, 2015, effective Jan. 1, 2016. Amended Sept. 2, 2016, effective Jan. 1, 2017; 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; amended Dec. 8, 2022 effective Jan. 1, 2023.
17B A. R. S. Rules Protective Order Proc., Rule 25, AZ ST RPOP Rule 25
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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