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Last Post 06 Jun 2022 05:22 PM by  Yolanda Fox
R-22-0026 Rule 25(e), Rules of Protective Order Procedure
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Prof. Fellmeth
New Member
Posts:1 New Member

--
27 May 2022 01:19 PM
    Aaron Fellmeth
    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.
    Attachments
    Yolanda Fox
    Basic Member
    Posts:205 Basic Member

    --
    06 Jun 2022 05:22 PM
    Dear Clerk:

    I hereby submit the attached Motion for Expedited Consideration of Petition to Amend Rule 25(e), Rules of Protective Order Procedure (Case No. R-22-0026, filed May 27, 2022). Please feel free to revert to me with any questions.

    Kind regards,
    Aaron Fellmeth
    8218 N. 13th Ave.
    Phoenix, AZ 85021
    (480) 241-8414
    AZ Bar No. 330019
    [email protected]
    Attachments
    You are not authorized to post a reply.