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ARPOP NEW PROTECTIVE ORDER FORMS

ARPOP NEW PROTECTIVE ORDER FORMS. Elizabeth R. Finn Presiding Judge Glendale City Court efinn@glendaleaz.com. DOMESTIC VIOLENCE RULES COMMITTEE. Arizona Supreme Court Minutes September 22, 2005 The Domestic Violence Rules Committee was established to:

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ARPOP NEW PROTECTIVE ORDER FORMS

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  1. ARPOP NEW PROTECTIVE ORDER FORMS Elizabeth R. Finn Presiding Judge Glendale City Court efinn@glendaleaz.com

  2. DOMESTIC VIOLENCE RULESCOMMITTEE • 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

  3. 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

  4. DV RULES COMMITTEE’S 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.

  5. 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 Sheriff’s Office and update information in that court’s protective order repository. • Page 7: Rule 1(Q) Changed "and" to "or" City courts Justice courts Superior court

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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!

  13. 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?

  14. 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?

  15. 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

  16. DV RULES COMMITTEEWEBSITEwww.supreme.state.az.us/cidvc/DVRules/ default.htm

  17. ARPOP COMMENT SUBMISSION FORMwww.supreme.state.az.us/cidvc/DVRules/comment.asp

  18. 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

  19. Contact for DV Rules Committee • Konnie Neal • Domestic Violence Specialist • Arizona Supreme Court • kkyoung@courts.az.gov • 602-452-3360

  20. New Protective Order Forms • DO NOT USE UNTIL NOTIFIED

  21. 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

  22. National Expansion…Covering 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

  23. Key Conceptof “Model Template…” • RECOGNIZABILTY: • Consistency in format • ALL info required for facial validity on ONE page • Passes “squint test”

  24. ARIZONA’S PROJECT PASSPORT ORDER OF PROTECTION Courts can change margins County Amended Order Former Case Number

  25. Protected Parties: Only need name and dob Eliminated: relationship and address BOXES

  26. Reduced to 6 relationship codes

  27. Weapon alleged in Petition Estimated DOB – no more 1/1/1900

  28. WARNINGS IN SAME POSITION

  29. This order is effective for one year from date of service. VERIFY VALIDITY (call holder of record): Sheriff’s Office – computer will print correct number

  30. Brady if Order changed at hearing

  31. 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

  32. 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.

  33. ARIZONA’S PROJECT PASSPORTPROTECTIVE ORDER FORMS

  34. DEFENDANT’S GUIDE SHEET(Changed since printed)

  35. 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

  36. CHANGES SINCE PRINTED Added word “will” to Brady firearms

  37. 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…

  38. Timeline forProject Passport FormsImplementation 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

  39. December 2006: Full Implementation in All Courts

  40. AOC Contacts for Project Passport Protective Order Forms Konnie Young Neal Domestic Violence Specialist KNeal@courts.az.gov 602-542-9360 Robert Roll JUSTIS Manager Contact for Non-AZTEC Courts RRoll@courts.az.gov 602-542-9523 Pat Wuensche Domestic Violence Trainer/ Automation Specialist Contact for AZTEC Courts PWuensche@courts.az.gov 602-542-9372

  41. For More Information… • Denise Dancy (Extending Project Passport) • ddancy@ncsc.dni.us • 757-259-1593 • Web-based Resources • http://www.ncsconline.org • NCSC Family Violence Forum (newsletter) • Subscription available online at website

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