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Rule 25. Injunction Against Harassment

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order ProcedureEffective: January 1, 2023

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part V. Issuance of Protective Orders
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
(a) Individual Hearing. The judicial officer must conduct an individual hearing with each plaintiff who requests an 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.
(d) Petition Review. A judicial officer must review the petition, any other pleadings on file, and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication.
(e) Findings Required.
(1) The judicial officer must issue an Injunction Against Harassment upon finding:
(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).
(f) Relief. When issuing an Injunction Against Harassment, ex parte or after a hearing, a judicial officer may:
(1) prohibit all contact with the plaintiff or other protected persons, except as otherwise specifically ordered in writing by the court. See A.R.S. § 12-1809(F)(2).
(2) prohibit the defendant from going near the residence, place of employment, or school of the plaintiff or other protected persons. The judicial officer may include other specifically designated locations in the Injunction Against Harassment. See A.R.S. § 12-1809(F)(2).
(3) grant relief that is necessary for the protection of the plaintiff and other specifically designated persons and that is proper under the circumstances. See A.R.S. § 12-1809(F)(3).
(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 May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
End of Document