8218 N 13th Ave
Phoenix, AZ 85021
480-241-8414 [email protected]
AZ Bar No. 330019
I am requesting expedited consideration of the attached petition to amend Rule 25(e), Rules of Protective Order Procedure, to correct a misinterpretation implemented in that rule of A.R.S. sec. 12-1809. As currently written, Rule 25(e) misinterprets Section 12-1809(E) to nullify Section 12-1809(T) (and Rule 3(c) of the RPOP), which defines harassment as a series of certain acts occurring "over any period of time." Instead, it conditions the grant of an injunction on "a series of acts of harassment" having occurred within one year of the filing of a petition for an injunction against harassment, The amendment would restore the integrity of the definition of harassment in Section 12-1809(T) and Rule 3(c) by altering Rule 25(e) to require only "reasonable evidence" of harassment, which may include a single alarming, annoying, or harassing act, within one year of the filing of the petition, as provided for in A.R.S. sec. 12-1809(E).
Filed: May 27, 2022
Would amend Rule 25(e) of the Arizona Rules of Protective Order Procedure to clarify what a court must find to justify the issuance of an injunction against harassment
Comments due on or before October 3, 2022.
Any reply by the Petitioner is due on or before October 17, 2022.