Rule 23 - Order of Protection(a) Individual Hearing. A judicial officer must conduct an individual hearing with each plaintiff who requests an Order of Protection.(b) Contents of Petition. In the petition, the plaintiff must:(1) allege each specific act of domestic violence that will be relied on at hearing, and(2) name each person the plaintiff believes should be protected by the order.(c) Petition Verification. A plaintiff must sign and swear or affirm to the truth of the petition before a judicial officer or another 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 other evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication. See A.R.S. § 13-3602(E).(e) Reasonable Cause Determination.(1) To grant an ex parte Order of Protection, a judicial officer must find reasonable cause to believe that the defendant may commit an act of domestic violence or has committed an act of domestic violence within the past year or within a longer period if the court finds good cause exists to consider a longer period. Periods when a defendant was absent from the state or incarcerated are excluded from the one-year calculation. See A.R.S. § 13-3602(E) -(F).(2) A separate reasonable cause determination must be made as to the plaintiff individually and as to any other person listed in the petition, including any child with whom the defendant has a legal relationship. A separate reasonable cause determination is not required for a plaintiff's child with whom the defendant has no legal relationship.(f) Relationship Test.(1) A judicial officer must find that a specific relationship exists, either by statute, blood, or marriage, between the plaintiff and the defendant. See A.R.S. § 13-3601(A).(2) Statutory relationships include: (A) persons who are residing or who have resided in the same household;(B) a victim and a defendant who have a child in common;(C) a victim or a defendant who is pregnant by the other party;(D) the victim is a child who resides or has resided in the same household as the defendant, and (i) is related by blood to a former spouse of the defendant, or(ii) is related by blood to a person who resides, or who has resided in the same household as the defendant; or(E) a victim and a defendant who currently share or previously shared a romantic or sexual relationship. In determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship, the court may consider the following factors: (i) the type of relationship;(ii) the length of the relationship;(iii) the frequency of the interaction between the victim and the defendant; and(iv) if the relationship has terminated, the length of time since the termination.(3) Blood relationships include a victim related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister.(4) Marriage relationships include: (A) a victim and a defendant who are either married or who have been previously married, and(B) a victim who is related to the defendant or the defendant's spouse by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law.(5) The relationship test is also met when a plaintiff acts on behalf of a victim if any of the following apply: (A) the plaintiff is the parent, legal guardian, or person who has legal custody of a minor or an incapacitated person who is a victim, unless the court determines otherwise, or(B) the victim is either temporarily or permanently unable to request an order. See A.R.S. § 13-3602(A).(g) Additional Review for Limited Jurisdiction Courts. A court must ask the plaintiff whether a family law action is pending in the superior court and determine whether the court has jurisdiction pursuant to Rule 34.(h) Relief. When issuing an Order of Protection, ex parte or after a hearing, a judicial officer may:(1) prohibit the defendant from having any contact with the plaintiff or other protected persons, with any exceptions specified in the order. See A.R.S. § 13-3602(G)(3).(2) grant the plaintiff exclusive use of the parties' residence if there is reasonable cause to believe that physical harm otherwise may result. See A.R.S. § 13-3602(G)(2). If the plaintiff moves out of the residence while the order is in effect, the plaintiff must file a written notice with the court within five days after moving. Upon receipt, the court must provide a copy of the notice to the defendant and advise of the right to request a hearing pursuant to A.R.S. § 13-3602(L). (A) A plaintiff who is not the owner of the residence may be granted exclusive use for a limited time.(B) The defendant may be permitted to return one time, accompanied by law enforcement, to pick up personal belongings.(C) At a contested hearing, a judicial officer may consider ownership of the parties' residence as a factor in continuing the order of exclusive use.(3) order the defendant not to go on or near the residence, place of employment, or school of the plaintiff or other protected persons. Other specifically designated locations may be included in the order. If the defendant does not know the address of these additional places, a judicial officer may, at the plaintiff's request, protect the additional addresses. See A.R.S. § 13-3602(G)(3).(4) grant the plaintiff the exclusive care, custody, or control of any animal that is owned, possessed, leased, kept, or held by the plaintiff, the defendant, or a minor child residing in the residence or household of the plaintiff or the defendant and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of A.R.S. § 13-2910, or otherwise disposing of the animal. See A.R.S. § 13-3602(G)(7).(5) grant relief that is necessary for the protection of the plaintiff and other specifically designated persons and proper under the circumstances. See A.R.S. § 13-3602(G)(6).(i) Firearms(1) When issuing an Order of Protection, ex parte or after a hearing, the judicial officer must ask the plaintiff about the defendant's use of or access to firearms to determine whether the defendant poses a credible threat to the physical safety of the plaintiff or other protected persons.(2) Upon finding that the defendant is a credible threat to the physical safety of the plaintiff or other protected persons, the judicial officer may, for the duration of the Order of Protection: (A) prohibit the defendant from possessing, purchasing, or receiving firearms; and(B) order the defendant, immediately after service of the Order of Protection, to transfer any firearm owned or possessed, to the appropriate law enforcement agency. See A.R.S. § 13-3602(G)(4).(3) A plaintiff who reports a violation of the order to transfer firearms must be referred to the appropriate law enforcement agency.(j) Effectiveness. An Order of Protection takes effect when the defendant is served with a copy of the order and the petition. An Order of Protection that is served on or after September 24, 2022, is in effect for two years from date of service. An Order of Protection served before September 24, 2022, is in effect for one year from date of service. A modified Order of Protection takes effect upon service and expires the same date as the initial order upon which it is based See A.R.S. § 13-3602(N).(k) 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. § 13-3602(F).Formerly Rule 6 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 on an emergency basis effective 9/30/2009. Amended June 30, 2010, effective on an emergency basis7/29/2010, adopted on a permanent basis9/1/2011. Amended on a permanent basis effective 9/2/2010. Amended Aug. 28, 2013, effective 1/1/2014. Renumbered Rule 23 and amended Aug. 27, 2015, effective 1/1/2016; amended August 27, 2019 1/1/2020; amended August 25, 2020, effective 8/25/2020; amended December 15, 2020, effective 1/1/2021; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.COMMENT
Rule 23(e). Significant or repetitive acts of domestic violence by the defendant that posed a grave danger to the plaintiff or protected persons may present good cause to consider time periods beyond the one year.
Rule 23(h)(2)-(3). If the residence is included in the no-contact provision of an Order of Protection, an apartment number must not be listed. By listing the address and location without the apartment number, the defendant is prohibited from being on the premises, including the parking lot.
Rule 23(i). The appropriate law enforcement agency referenced in subpart (2)(B) is generally the police department or the sheriff's office with jurisdiction over the location of the defendant or the firearm.