This petition requests amendment of Rule 38 of the Rules of Protective Order Procedure. CIDVC has become aware that parties to protective orders may experience different outcomes when one or both parties fail to appear for a contested hearing, depending on the court where the protective order was issued. To ensure that parties are not subject to disparate treatment, CIDVC proposes a change to Rule 38 to ensure consistent procedures statewide.

Honorable Wendy A. Million
Magistrate, Tucson City Court
103 E. Alameda
Tucson, AZ 85701
Telephone: (520) 791-3260
Chair, Committee on the Impact of Domestic Violence and the Courts (CIDVC)
[email protected]

Would amend Rule 38, Rules of Protective Order Procedure, to clarify the applicable procedures when one or both of parties fail to appear at a contested hearing

Filed on January 7, 2020

Comments must be submitted on or before May 1, 2020.

Replies must be submitted on or before June 1, 2020.

ORDERED: Petition to Amend Rule 38, Rules of Protective Order Procedure = ADOPTED as modified, effective January 1, 2021.