R-22-0026 Rule 25(e), Rules of Protective Order Procedure -

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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

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Posts:1

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 PETITION TO AMEND RULE 25 RPOP.pdf PETITION TO AMEND RULE 25 RPOP.docx Order re Motion for Expedited Consideration.pdf R220026- Final Rules Order.pdf

Yolanda Fox

Basic Member

Posts:227

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 Motion for Expedited Consideration - R-22-0026.pdf Motion for Expedited Consideration - R-22-0026.docx

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