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Arizona Judicial Branch

Protective Orders

RULE WILL AFFECT SUMMARY AND IMPACT

Rule 6(C)

R-09-0026

Emergency effective date of September 30, 2009 Public comments due May 20, 2010

Contact:
Kay Radwanski

Superior Courts
Justice Courts
Municipal Courts

Judges
Clerks
Court Administrators

To conform to a change to A.R.S. §13-3601(A)(6), Rule 6 has been amended to include a “victim and defendant who currently share or previously shared a romantic or sexual relationship” within the list of statutory relationships that may give rise to the issuance of an order of protection from the court.

A person in a dating relationship that does not qualify as romantic or sexual is still eligible for an injunction against harassment. Criteria for whether a romantic or sexual relationship exists (or existed) are now set out in Rule 6.

Impact:

The Petition, Plaintiff’s Guide Sheet, and Defendant’s Guide Sheet must be modified. Modified forms can be found in Appendix A of an administrative directive available at http://www.supreme.state.az.us/orders/admindir/pdfs/2009pdf/2009-26.pdf

The AZTEC domestic violence module will be modified to add the new relationship code, and the current “dating but never lived together” code will be renamed in both AZTEC and AJACS. The Defendant’s Guide Sheet prints directly from AZTEC and will be updated in the system; however, courts must update the Petition and Plaintiff’s Guide Sheet as these forms are not generated from AZTEC. Non-AZTEC courts must take all necessary steps to comply with the administrative directive and A.R.S. §13-3601(A). All courts (AZTEC or non-AZTEC) must ensure that all forms are in compliance effective September 30, 2009. Modified versions of the Petition, Plaintiff’s Guide Sheet, and Defendant’s Guide Sheet are posted on the AJIN self-serve forms web page at http://supreme22/selfserv/forms.htm in MS Word and PDF formats.


Rules of Protective Order Procedure Previously Adopted on an Emergency Basis

Rules 6(c) and 6(e)

R-08-0017

Contact:
Kay Radwanski

Superior Courts
Justice Courts
Municipal Courts

Judges
Clerks
Court Administrators

These rule amendments, which are now permanent, were adopted on an emergency basis effective September 26, 2008. Rule 6(c) governs the consideration of petitions for the issuance of orders of protection. Rule 6(e) governs the consideration of petitions for the issuance of injunctions against harassment.

Impact:

The amendments to these rules insert the additional language “including evidence of harassment by electronic contact or communication” that must be considered by the court, as required by state law.