Rule 7. Motion to Dismiss, Quash or Modify

Court Rules | Ariz. R. Protective Order Proc. R. 7 | 2018

A. Motion to Dismiss or Quash. -- A plaintiff may request that a protective order be dismissed or quashed at any time during the term of the order.

1. At the time a Motion to Dismiss or Quash is filed or requested, court personnel shall verify the identity of the plaintiff.

2. The plaintiff shall personally appear before the judicial officer and explain why dismissal of the order is sought. The judicial officer shall make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion.

3. If the plaintiff and defendant appear jointly on a Motion to Dismiss or Quash, the judicial officer may interview the plaintiff separately only when the defendant has been served but has not requested a hearing. If the plaintiff requests that an order of the court be dismissed and the defendant is not present, the judicial officer may take action without notice to the defendant.

4. If an Order of Protection or Injunction Against Harassment is dismissed or quashed, the sheriff in the county where the original Order of Protection or Injunction Against Harassment was registered shall be notified in writing within 24 hours of the entry of the order. Notice of dismissal of a protective order shall be sent to the sheriff in the county where the original protective order was registered. The dismissal of the order shall be in writing and sent electronically via facsimile or e-mail, not by telephone, to the sheriff.

B. Motion to Modify. -- A plaintiff may request that a protective order be modified at any time during the term of the order.

1. At the time a Motion to Modify is filed or requested, court personnel shall verify the identity of the plaintiff.

2. The plaintiff shall personally appear before the judicial officer and explain why modification of the order is sought. The judicial officer shall make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion. The judicial officer may interview the plaintiff separately only when the defendant has been served but has not requested a hearing.

3. A motion to modify made after a hearing cannot be granted without setting a hearing and giving notice to the defendant.

4. The service and registration requirements applicable to the original protective order also apply to a modified protective order. A modified protective order is effective upon service and expires one year after the date of service of the original protective order. See A.R.S. §§ 13-3602(L), 12-1809(J) and 12-1810(I).

5. If an Order of Protection or Injunction Against Harassment is modified and served, the sheriff in the county where the original Order of Protection or Injunction Against Harassment was registered shall be notified in writing within 24 hours after the court receives the Certificate or Acceptance of Service. See A.R.S. §§ 13-3602(M), 12-1809(K) and 12-1810(J). Notice of modification of a protective order shall be sent to the sheriff in the county where the original protective order was registered. The modification order shall be in writing and sent electronically via facsimile or e-mail, not by telephone, to the sheriff.