A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Arizona Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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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 ...
- 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.
Obtaining A Protective Order Go to Protective Order Center on the 2nd floor of the Phoenix Municipal Court. Court staff will help you determine the correct Court action for your situation. Complete the paperwork for the judge to review. Once completed, you will meet with a judge to discuss your request.
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.
Rule 34 - Jurisdiction (a) Superior Court Jurisdiction. The superior court has exclusive jurisdiction to issue a protective order when a family law action is pending between the parties. A limited jurisdiction court must refer a plaintiff who has a pending family law action to the superior court.
How long is an Order of Protection in effect? Once an order has been served, it will be valid and enforceable for 2 years from the date it was served. If it is not served, it will expire 1 year from the date the judge issued it.
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.