Court Rules | Ariz. R. Protective Order Proc. R. 2 | 2018

A. Notice to Parties. -- The court shall provide notice to the parties of the filing and service fees listed below. See A.R.S. §§ 12-284, 12-1810, 12-2107, 22-281 and 22-404.

1. Filing fees:

a. Petition for or Request to Modify Order of Protection/Injunction Against Harassment -- no fee

b. Petition for Injunction Against Workplace Harassment -- fee pursuant to A.R.S. §§ 12-1810 and 12-284(A)

c. Petition to Request a Hearing for Order of Protection/Injunction Against Harassment/Injunction Against Workplace Harassment -- no fee

d. Motion to Quash or Dismiss Order of Protection/Injunction Against Harassment -- no fee

e. Motion to Quash or Dismiss Injunction Against Workplace Harassment -- no fee

f. Notice of Appeal of Order of Protection/Injunction Against Harassment and Answer -- no filing fee, but a party may be charged the cost of preparing the record.

g. Notice of Appeal of Injunction Against Workplace Harassment -- fee pursuant to A.R.S. § 12-284(A)

2. Service fees:

a. Order of Protection -- no fee if served through any court contracted agency or law enforcement. A.R.S. § 13-3602(D)

b. Injunction Against Harassment involving a dating relationship -- no fee if served through any court contracted agency or law enforcement. A.R.S. § 12-1809(D)

c. Injunction Against Harassment not involving a dating relationship -- fee determined by the serving agency A.R.S. § 12-1809(D)

d. Injunction Against Workplace Harassment -- fee determined by the serving agency A.R.S. § 12-284(A)

B. Fee Deferrals and Waivers.

1. A judicial officer may defer or waive any of the fees listed above. See A.R.S. § 12-302. A judicial officer shall not require the plaintiff to perform community service as a condition to the waiver or deferral of these fees. If any filing or service fees have not been waived, they may be assessed against the plaintiff.

2. A law enforcement agency or constable is prohibited from requiring the advance payment of fees for service of process of Injunction Against Harassment not involving a dating relationship. See A.R.S. § 12-1809(D). Court personnel shall not collect advance payment on behalf of the serving agency.

C. Costs and Attorneys' Fees. -- Costs of the action, including attorneys' fees, may be assessed against any party.

1. After a hearing with notice to the affected party, a judicial officer may order any party to pay the costs of the action, including reasonable attorneys' fees, if any. See A.R.S. §§ 13-3602(P), 12-1809(N) and 12-1810(N).

2. In determining whether to award costs and/or attorneys' fees, considerations include:

a. The merits of the claim or defense asserted by the unsuccessful party,

b. Whether the award would pose an extreme hardship to the unsuccessful party, and

c. Whether the award may deter others from making valid claims.