Rule 6 - Court Availability for Protective Orders(a) Court Hours. All municipal, justice, and superior courts must be available during normal operating hours to issue and enforce protective orders. For an Emergency Order of Protection after normal operating hours, see Rule 24.(b) Access to the Court for Ex Parte Hearing.(1) A judicial officer must allow a victim advocate, if identified as such, to accompany the plaintiff during the ex parte hearing.(2) The presence of a minor child or children does not constitute grounds to deny a plaintiff access to the court for the purposes of requesting an ex parte protective order.(c) Where to File a Petition. A plaintiff may file a petition for a protective order with any municipal, justice, or superior court judicial officer, regardless of the parties' residence. All limited and general jurisdiction courts must accept a person's request to file a petition for a protective order even if that particular court does not normally issue protective orders.(d) Designated Court. Courts located within a one-mile proximity may agree to designate a court for issuance of protective orders. If courts enter into such an agreement, the referring court must provide written or verbal information and directions regarding the designated court and, prior to referral, must ensure that the designated court is open to issue an order that day. If the designated court is not available to issue orders, the referring court must conduct the individual hearing with the plaintiff.(e) Courts with Part-time Judicial Officers. A court having only a part-time judicial officer must provide coverage for the court, or court staff must direct a person requesting a protective order to the appropriate court location after ensuring a judicial officer is available.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 6 and amended Aug. 27, 2015, effective 1/1/2016.HISTORICAL NOTES
Former Rule 6 was renumbered as Rules 16, 17, and 23 to 26 Aug. 27, 2015, effective Jan. 1, 2016.