Arizona Bond on Temporary Restraining Order

State:
Multi-State
Control #:
US-01008
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Order regarding a bond for a temporary restraining order - plaintiff is required to make a bond that will be payable to defendant to cover damages if it is later found that defendant was unjustly restrained. Adapt to fit your circumstances and local rules.
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FAQ

How do orders of protection affect my future? An order of protection in Scottsdale will show up on a criminal background check, so anyone doing such a check will know that there is a protective order against you.

Briefly, Arizona Rule of Civil Procedure 35(a)(1) allows a court, upon motion for good cause, to order a physical or mental examination of a party ?whose physical or mental condition is in controversy.? Rule 35(c)(1) provides that the person being examined has the right to have a representative present ?[u]nless his or ...

Rule 25 - Substitution of Parties (a)Death. (1)Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. Any party or the decedent's successor or representative may file a motion to substitute.

(1)Generally. The court may issue sanctions for civil contempt, or for criminal contempt as allowed by law, against a party or person who violates an injunction. (2)Application; Affidavit. A party alleging that any party or person has violated an injunction may file an application for an order to show cause.

Punishment for Violating an Order of Protection If convicted, a class one (1) misdemeanor carries a punishment of up to six (6) months in jail. In addition, the judge can impose a fine of up to $2,500.00 plus an 84% surcharge.

Rule 51 (General Provisions Governing Discovery). Rules 51 through 65 of the Arizona Rules of Family Law Procedure regard the procedures for obtaining information, documents and other evidence from the other party and/or other sources. These regard requests for discovery that go beyond Rule 49.

- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.

Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.

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Arizona Bond on Temporary Restraining Order