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Rule 5. Parties

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order Procedure

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part III. Parties
17B A.R.S. Rules Protect.Ord. Proc., Rule 5
Formerly cited as AZ ST RPOP Rule 1
Rule 5. Parties
(a) Plaintiff and other appropriate requesting persons
(1) Plaintiff. The plaintiff is the person or another appropriate requesting person who files the petition for a protective order.
(2) Plaintiff for an Injunction Against Workplace Harassment. The plaintiff may be an employer or an authorized agent of the employer.
(3) Victim. As used in these rules, the terms “victim” and “plaintiff” are interchangeable.
(4) Other Appropriate Requesting Persons.
(A) Parent, Legal Guardian, or Legal Custodian of a Minor. If the person in need of protection is a minor, then the parent, legal guardian, or person who has statutorily defined legal custody of the minor must file the petition unless the court determines otherwise. The petition must name the parent, guardian, or custodian as the plaintiff and the minor as a specifically designated person.
(B) Third Party. If the person in need of protection is either temporarily or permanently unable to request an order, a third party may request a protective order on the person's behalf. After the request, the judicial officer must determine whether the third party is an appropriate requesting party. See A.R.S. §§ 13-3602(A) and 12-1809(A).
(b) Protected person. A protected person is any other specifically designated person who the court has determined should be protected by the order.
(1) Child as a Protected Person. A judicial officer cannot include a defendant's child in a protective order unless there is reasonable cause to believe:
(A) physical harm may result or has resulted to the child, or
(B) the alleged acts of domestic violence involved the child.
(2) Child and Defendant with No Legal Relationship. If the defendant and the child have no legal relationship, the judicial officer, upon request, may prohibit the defendant's contact with the child based on danger to the plaintiff.
(c) Defendant.
(1) Defendant. The defendant is the person against whom the plaintiff or another appropriate person is seeking protection.
(2) Minor as a Defendant. Only the juvenile division of the superior court may issue a protective order against a person under 12 years of age. See A.R.S. §§ 13-3602(B)(2) and 12-1809(B)(2).

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 5 and amended Aug. 27, 2015, effective Jan. 1, 2016.
17B A. R. S. Rules Protective Order Proc., Rule 5, AZ ST RPOP Rule 5
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
End of Document