ARPOP NEW PROTECTIVE ORDER FORMS

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ARPOP NEW PROTECTIVE ORDER FORMS

• Elizabeth R. Finn
• Presiding Judge
• Glendale City Court
• efinn_at_glendaleaz.com

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DOMESTIC VIOLENCE RULES COMMITTEE

• Arizona Supreme Court MinutesSeptember 22, 2005
• The Domestic Violence Rules Committee was
  established to
• Research other state domestic violence rules
• Study the issues relevant to domestic violence
• procedural matters in Arizona
• Incorporate Benchbook

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Continue to Refer to Benchbook

• FURTHER ORDERED Pursuant to Administrative
  Order 96-37, judges in Arizona shall continue to
  consult the Domestic Violence Benchbook for
  guidance.

BENCHBOOK
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DV RULES COMMITTEES MISSION STATEMENT

• The mission of the Domestic Violence
• Rules Committee
• Establish a comprehensive, statewide set of rules
  of procedure for protective orders aimed at fair,
  effective, uniform, and timely resolution of
  family cases involving protective orders, and
• Enhance enforcement of protective orders and
  public safety to the extent possible and
  appropriate.

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Changes in Rules 6-15-06 from printed materials

• Page 5 Rule 1(J) Created a new (J) Transfer of
  Protective Orders, court transferring order shall
  notify, in writing, their Sheriffs Office and
  update information in that courts protective
  order repository.
• Page 7 Rule 1(Q) Changed "and" to "or"

City courts Justice courts
Superior court
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Changes in Rules 6-15-06 from printed materials

• Page 8 COMMITTEE COMMENTS Rule 1(J) Added a new
  committee comment for the new (J)
• Page 12 Rule 4(A)(5)(c) New language was drafted
  to require superior court to hold hearing on
  transferred case within 5 days as opposed to 48
  hours
• Page 12 Rule 4(B)(2) Moved the statutory
  reference to the end of the sentence

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Changes in Rules 6-15-06 from printed materials

• Page 22 Rule 7(C) Deleted the section (C.
  Inter-jurisdictional Modification) because
  addressed in Rule 1
• Page 22 Rule 8(B) Created a new (B) Notice of
  Hearing, and language was drafted

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RULES YOU WANT TO REVIEW

• Page 3 - Alternative Dispute Resolution
• Page 4 - I.1 Multiple Orders, Cross Orders an
  Conflicting Orders
• a. judge examine all available records
• b. schedule pre-issuance hearing unless likely
  result in imminent danger
• c. judge has duty to set hearing within 5 days
  if conflicting relief

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Page 5

• K. Record all hearings including ex parte if
  practicable
• L.3. Modified orders must be served or defendant
  must sign Acceptance of Service - cannot be done
  by minute entry however minute entry should
  reflect method of service

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Pages 6 and 7

• N.2 Within twenty four hours, any modification or
  dismissal must be in writing and faxed or emailed
  to sheriff. No phone calls permitted.
• P. Ex parte and after hearing orders are
  appealable

Fax for immediate notification
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Page 9 Fees Rule 2A

• 1.b Filing fees for Workplace Injunction per ARS
  12-284(A) not mandatory
• 1.c No filing fee for request for hearing
• 1.d No filing fee for Motion to Quash or Dismiss
  for Order or Injunction
• 1.e No filing fee for Motion to Quash or Dismiss
  Workplace Injunction
• 1.f No filing fee for appeal for Order/Injunction
  but can charge for cost of record
• 1.g Can be fee for Notice of Appeal for Workplace
  Injunction

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Pages 11 and 12

• Rule 4.A.3. Even if Superior action pending,
  limited jurisdiction can still issue order if
• a. imminent danger to the plaintiff
• b. special circumstances such as distance
  plaintiff must travel to superior court, time of
  day etc.
• Rule 4.A.5.c. Transferred orders to superior
  court shall be scheduled for hearing within 5
  days of receipt

ISSUE THE ORDER FOR PROTECTION!
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RULES OF EVIDENCE Pages 12 - 13

• Relaxed Rules of Evidence to be consistent with
  new Family Law Rules
• Rule 5.A.2 admit without custodian if
• a. appears compete and accurate on
  its face
  AND
• b. appears to be relevant and reliable

IS THIS ADMISSIBLE?
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Page 13

• Rule 5.B - disclosure requirement of the Arizona
  Rules of Civil Procedure and Arizona Rules of
  Family Law Procedure DO NOT APPLY

YOU WANT WHAT?
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Page 22 Rule 9 Forms

• Courts CANNOT change fonts on forms, only margins
• Nothing can affect the placement of information
  on the forms
• PROJECT PASSPORT

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DV RULES COMMITTEE WEBSITEwww.supreme.state.az.us
/cidvc/DVRules/ default.htm
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ARPOP COMMENT SUBMISSION FORMwww.supreme.state.az
.us/cidvc/DVRules/comment.asp

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Timeline for ARPOP Approval Process

• October 12, 2006 AJC
• November 1, 2006 Filing Deadline
• December 20, 2006 Circulation ARPOP
• May 20, 2007 Comment period ends
• June 20, 2007 Deadline to respond to comments
• September 2007 Justices Rules Agenda
• January 1, 2008 Effective date

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Contact for DV Rules Committee

• Konnie Neal
• Domestic Violence Specialist
• Arizona Supreme Court
• kkyoung_at_courts.az.gov
• 602-452-3360

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New Protective Order Forms

• DO NOT USE UNTIL NOTIFIED

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PROJECT PASSPORTPROTECTIVE ORDER FORMS

• OBJECTIVE To improve recognition and enforcement
  of orders of protection within and between
  states/tribes

• HOW?
• Identify needs of different entities
• Use of recognizable first page - Model Template
  First Page
• Foster ongoing collaboration info sharing

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National ExpansionCovering the Nation

• Creation of XML-based form
• Southeastern Regional Expansion
• Northeast/Great Lakes Expansion
• Extending Project
• Passport Western US

Project Passport
Supported by CCJ, NAICJA COSCA
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Key Conceptof Model Template

• RECOGNIZABILTY
• Consistency in format
• ALL info required for facial validity
  on ONE page
• Passes squint test

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ARIZONAS PROJECT PASSPORT ORDER OF PROTECTION
Courts can change margins
County
Amended Order
Former Case Number
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Protected Parties Only need name and
dob Eliminated relationship and address
BOXES
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Reduced to 6 relationship codes
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Weapon alleged in Petition Estimated DOB no
more 1/1/1900
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WARNINGS IN SAME POSITION
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This order is effective for one year from date of
service. VERIFY VALIDITY (call holder of record)
Sheriffs Office computer will print correct
number
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Brady if Order changed at hearing
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NO CONTACT STARTS ON FIRST PAGENOTICE CHANGE IN
LOGIC
Change in logic for no contact Only one box if no
contact less entries Recommended allow some
contact i.e. mail if children
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(No Transcript)
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STANDARD WARNINGS AT END OF ORDER
If you do not want the Plaintiff to contact you,
you have the right to request a protective order
against the Plaintiff.
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ARIZONAS PROJECT PASSPORTPROTECTIVE ORDER FORMS
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DEFENDANTS GUIDE SHEET(Changed since printed)
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CHANGES SINCE PRINTED

• INJUNCTION AGAINST HARASSMENT The Plaintiff
  has alleged that you have committed a series of
  acts (more than one) of harassment against the
  Plaintiff within the last year.

OMITTED NOT A FAMILY MEMBER AND DATING
RELATIONSHIP
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CHANGES SINCE PRINTED
Added word will to Brady firearms
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CHANGES SINCE PRINTED

• 6. PLAINTIFF CONTACT Even if the Plaintiff
  initiates contact, you could be arrested for
  violating this protective order. You have the
  right to request a protective order against the
  Plaintiff if you do not want the Plaintiff to
  contact you.
• 8. FIREARMS If the judge has ordered UNDER STATE
  LAW that you shall not possess

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Timeline for Project Passport Forms
Implementation Process

• Summer 2006 Finish Programming New DV Module in
  AZTEC and Non-AZTEC Courts To Generate Forms in
  Case Management Systems
• September 2006 Pilot Testing of New DV Module
• Fall 2006 Implementation of Protective Order
  Forms
• November 2006 AOC Training for Judges and Court
  Staff

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December 2006 Full Implementation in All
Courts
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AOC Contacts for Project Passport Protective
Order Forms
Konnie Young Neal Domestic Violence
Specialist KNeal_at_courts.az.gov 602-542-9360 Robe
rt Roll JUSTIS Manager Contact for Non-AZTEC
Courts RRoll_at_courts.az.gov 602-542-9523 Pat
Wuensche Domestic Violence Trainer/
Automation Specialist Contact for AZTEC Courts
PWuensche_at_courts.az.gov 602-542-9372
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For More Information

• Denise Dancy (Extending Project Passport)
• ddancy_at_ncsc.dni.us
• 757-259-1593
• Web-based Resources
• http//www.ncsconline.org
• NCSC Family Violence Forum (newsletter)
• Subscription available online at website