(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).Formerly Rule 1 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. Amended Aug. 30, 2012, effective 1/1/2013. Renumbered Rule 5 and amended Aug. 27, 2015, effective 1/1/2016.COMMENT
Rule 5(a)(3). Crime victims' rights arise upon the arrest or formal charging of a person who is alleged to be responsible for a criminal offense against a victim. See A.R.S. § 13-4402(A).
Rule 5(b)(1). A protective order must never be used as a way to modify, amend, affect, or diminish a parent's rights to legal decision-making or parenting time as previously granted in a legal decision-making decree or a parenting time order from a court of competent jurisdiction, unless the judicial officer makes either of the findings listed in subparts (A) and (B) of this paragraph. Under the Violence Against Women Reauthorization Act of 2013, foreign protective orders that include child custody or child support qualify for enforcement through the full faith and credit provision. See 18 U.S.C. § 2265 and 42 U.S.C. § 13925(24)(B).
HISTORICAL NOTES
Former Rule 5 was renumbered as Rules 36 and 37 Aug. 27, 2015, effective Jan. 1, 2016.