Court Rules | Ariz. R. Protective Order Proc. R. 4 | 2018
A. Jurisdiction.
1. A limited jurisdiction court shall not issue a protective order if the petition or plaintiff's statement reveals that an action for maternity, paternity, annulment, custody, dissolution of marriage or legal separation is pending in Arizona Superior Court.
2. If a family law action is pending in the superior court, the superior court has exclusive jurisdiction to issue the protective order. As a result, a limited jurisdiction court shall refer such plaintiff to the superior court. An action is considered to be pending if either:
a. an action has been commenced but no final judgment, decree or order has been entered; or
b. a post-decree proceeding has been commenced, but no final order determining that proceeding has been entered. See A.R.S. § 13-3602(P).
3. No protective order is invalid or ineffective merely because a judicial officer of a limited jurisdiction court issued it when an action for maternity or paternity, annulment, legal separation, or dissolution of marriage was pending in superior court.
4. If, after issuance of a protective order, the limited jurisdiction court is notified in writing or verifies that a family law action is pending, all documents relating to the protective order promptly shall be transferred to the superior court.
a. Within 24 hours of the notification, all papers, together with a certified copy of docket entries or other records shall be transferred to the superior court where the action is pending. If the Certificate of Service arrives after the protective order is transferred to the superior court, the Certificate of Service shall immediately be sent to the superior court.
b. Notwithstanding this transfer requirement, unless prohibited by a superior court order, a limited jurisdiction court may hold a hearing on all matters relating to an ex parte protective order if the hearing was requested before receiving written notice of the pending superior court action.
c. If a hearing has been requested in a transferred case, the superior court shall hold the hearing within five court business days if exclusive use of the home is involved and within 10 court business days for all other cases. This time period commences on the date the transferred protective order is filed with the receiving court.
5. Only the juvenile division of the superior court may issue a protective order against a person under 12 years of age. See A.R.S. §§ 13-3602(B) and 12-1809(B).
B. Child Custody and Parenting Time.
1. Except as otherwise provided in this rule, a protective order shall not contain provisions regarding child custody or parenting time issues. Legal issues, such as maternity, paternity, child support, custody, parenting time, dissolution of marriage or legal separation, may only be addressed by the superior court in a separate action under Title 25 of the Arizona Revised Statutes.
2. An Order of Protection may restrain the defendant from contacting or coming near specifically designated persons. See A.R.S. § 13-3602(G)(3).
3. If there is no legal relationship between the defendant and the child, the judicial officer, upon request, may prohibit the defendant's contact with the child based on danger to the plaintiff.
4. Before granting a protective order prohibiting contact with a child with whom the defendant has a legal relationship, the judicial officer shall consider the following factors:
a. Whether the child may be harmed if the defendant is permitted to maintain contact with the child.
b. Whether the child may be endangered if there is contact outside the presence of the plaintiff.
5. a. No protective order issued by a limited jurisdiction court that prohibits contact with the plaintiff shall include exceptions that allow the defendant to come near or contact the plaintiff in person for child custody or parenting time with the children. Limited jurisdiction courts may allow contact by mail or e-mail for the purpose of arranging parenting time and may provide for child exchanges under circumstances not involving contact with the plaintiff in person.
b. When a family law action is not pending, but there is an active custody order issued by an Arizona court involving the defendant or a child of the defendant, a limited jurisdiction court may issue an ex parte protective order, but then shall transfer the matter to the superior court in accordance with the procedures set forth in Rule 4(A)(4).
6. a. A superior court judicial officer may issue an original protective order or modify an existing protective order that includes an exception allowing the defendant to come near or contact the plaintiff in person in order to implement a child custody order or parenting time order after giving consideration to the following factors and making specific findings on the record:
1) Alternatives regarding contact that are feasible to carry out the child custody order or parenting time order such as exchanges at a protected setting, public facility or other safe haven or through a third person;
2) The wishes of the parties;
3) Each party's history of domestic violence;
4) The safety of the parties and child or children;
5) The behavioral health of each of the parties; and
6) Reports and recommendations of behavioral health professionals.
b. Any modification made by a superior court judicial officer to an existing protective order shall be included in a modified protective order. Each modification shall be set forth in the modified protective order with sufficient detail to assure understanding and compliance by the parties and ease of enforcement by law enforcement officers. The superior court judicial officer shall obtain an acceptance of service signed by the defendant if the parties are present at the time the modification is made. If the defendant refuses to sign the acceptance of service, the judicial officer shall have the defendant served in open court in accordance with Rule 1(M)(4).