Protective Order


 Rules of Protective Order Procedure

 Rule  Will Affect   Summary and Impact 

Rule 6

R-10-0025

Emergency effective date:

July 29, 2010

Open for comment until May 20, 2011

AOC contact:
Kay Radwanski

All trial courts

Judges

Clerks

Admin

This rule has been conformed to recent amendments to A.R.S. § 13-3602(G) that authorize the inclusion of animals within the terms of an order of protection:

“The judicial officer may also 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 Section 13-2910, or otherwise disposing of the animal.”

Impact:  To implement this new provision, courts should provide individuals who are seeking an order of protection with the modified Plaintiff’s Guide Sheet that is appended to Administrative Directive 2010-25.  If the court orders that an animal be protected, the animal’s name and type should be entered in the “Other Orders” field on the Order of Protection