Emergency Orders re: Children

NOTICE

IF YOU WANT A TEMPORARY ORDER AND YOU HAVE NOT GIVEN NOTICE TO THE OTHER PARTY

A primary principle of our justice system is that it is an “adversary system” which works best when both sides have the opportunity to be heard.  Arizona Rules and Laws do not favor procedures involving only one of the parties.

EMERGENCY ORDERS OF PROTECTION or INJUNCTIONS AGAINST HARASSMENT shall not contain provisions regarding child custody or parenting time.  In these proceedings, contact with children may only be prohibited if there is reasonable cause to believe domestic violence has involved thechild(ren) or physical harm to the child(ren) will result.  These orders do not require filing fees, bonds or advance notice.

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In DOMESTIC RELATIONS CASES,  Title 25 of the Arizona statutes and Rules 47 and 48 of the Arizona Rules of Family Law Procedure apply and there is usually a filing fee.  A temporary order  without notice, may be granted ONLY if:

It clearly appears from specific written facts that an IRREPARABLE INJURY will result before the other party can be heard; AND

You must certify in writing what efforts have been made to give NOTICE to the other party OR the REASONS WHY NOTICE SHOULD NOT BE REQUIRED,  AND

You must also file a separate, verified Motion or Affidavit, a proposed Form of Order and a Notice of Hearing.  If no case relating to the matter is currently filed, a complaint must be prepared and filed with the Clerk of the Court.

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THE CLERK OF THE COURT CANNOT GIVE YOU LEGAL ADVICE

The Clerk must take your paperwork and a filing fee  (unless the fee is waived by the judge) and THE FILING FEE IS NOT REFUNDABLE.

In domestic relations matters it is strongly recommended that you consult with an attorney before you proceed, especially since some forms of paperwork from other jurisdictions do not comply with the Rules.

THOMAS E. COLLINS

Presiding Judge

01/01/05

 

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