Court Rules | Ariz. R. Protective Order Proc. R. 8 | 2018
A. Requesting a Hearing. -- At any time while a protective order or modified protective order is in effect, a defendant may request one hearing in writing. See A.R.S. § 13-3602(I).
1. A judicial officer shall hold a hearing at the earliest possible time.
a. If an Order of Protection grants exclusive use of the home, a judicial officer shall hold a hearing within five court business days of the request.
b. For all other protective orders, a judicial officer shall hold a hearing within 10 court business days of the request unless the judicial officer finds good cause to continue the hearing for a longer period of time.
B. Notice of Hearing. -- The court shall notify the plaintiff of the hearing. There is no statutory requirement for personal service of notice of the hearing.
C. Court Security Measures. -- The court shall take reasonable measures to ensure that the parties and their witnesses at the hearing are not subject to harassment or intimidation in the courthouse or adjoining property. For each hearing, the judicial officer shall determine whether there is a need to have a law enforcement officer, a security officer, or a victim's advocate present to help ensure the hearing is orderly.
D. Parties' Right to be Heard. -- The judicial officer shall ensure that both parties have an opportunity to be heard, to present evidence and to call and examine and cross-examine witnesses.
E. Oath or Affirmation. -- The court shall administer an oath or affirmation to all parties and witnesses at all hearings.
F. Standard of Proof. -- The plaintiff shall prove the case by a preponderance of the evidence, in order for a protective order to remain in effect as originally issued or as modified after the hearing.
G. Basis for Continuing, Modifying or Revoking Protective Orders. -- At the conclusion of the hearing, the judicial officer shall state the basis for continuing, modifying or revoking the protective order.
H. Service of Modified Protective Order. -- The plaintiff or the court shall arrange for service of a modified protective order on the defendant. A judicial officer should assist this process by requesting the defendant sign an acceptance of service form in court.