(a) Superior Court Jurisdiction. The superior court has exclusive jurisdiction to issue a protective order when a family law action is pending between the parties. A limited jurisdiction court must refer a plaintiff who has a pending family law action to the superior court. An action is pending if either: (1) an action has begun but no final judgment, decree, or order has been entered, or(2) a post-decree proceeding has begun but no final order determining that proceeding has been entered. See A.R.S. § 13-3602(T).(b) Limitation on Limited Jurisdiction Courts. A limited jurisdiction court cannot issue a protective order if the plaintiff's petition or other evidence reveal that an action for maternity, paternity, annulment, legal decision-making and parenting time, dissolution of marriage, or legal separation is pending in an Arizona superior court. Nevertheless, if a limited jurisdiction court does issue a protective order when an action for maternity, paternity, annulment, legal decision-making, legal separation, or dissolution of marriage is pending in superior court, the order is valid and effective. See A.R.S. § 13-3602(P).(c) Transfer to Superior Court. If, after issuance of a protective order, a limited jurisdiction court is notified in writing or verifies that a family law action is pending, the court must promptly transfer all documents relating to the protective order to the superior court.(1) Within 24 hours of notification, all papers, together with a certified copy of docket entries or other records, must be transferred to the superior court where the action is pending. Proof of service that arrives after the protective order has been transferred to the superior court must be sent to the superior court immediately.(2) Despite this transfer requirement, unless prohibited by a superior court order, a limited jurisdiction court may hold a hearing on all matters relating to an ex parte protective order if the hearing was requested before the court received written notice of the pending superior court action.(3) If a hearing has been requested in a transferred case, the superior court must hold the hearing within five days if exclusive use of the residence is involved and within 10 days for all other cases. This time period begins on the date the transferred protective order is filed with the superior court.Formerly Rule 4 in part, added Sept. 5, 2007, effective 1/1/2008. Amended Sept. 16, 2008, effective 9/26/2008. Adopted on a permanent basis effective 9/3/2009. Renumbered Rule 34 and amended Aug. 27, 2015, effective 1/1/2016; amended December 8, 2021, effective 1/1/2022.