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Ex Parte Protective Order

When certain acts of domestic violence have happened, the victim may ask the court for a 20-day order for protection. These requests are generally heard ex parte - without the other side present.

Question: Hearing on Protective Order in Arizona, does old order impact new order? As far as ex-parte protective orders in Arizona are concerned, I understand that the defendant is allowed to request a hearing at any time the order is in effect, which is one year from service. Should the defendant make a request days before expiration of the order and the court grant a hearing for that order; will the hearing include a NEW order granted but not yet served to the defendant? For example, an order expires Jun 15th and the defendant requests a hearing June 5th. The court grants the request and sets a hearing date for say Jun 25th, but in the meantime the plaintiff has already obtained a NEW protective order on Jun 7th, which has yet to be served. Since the objection/hearing is in reference to the expiring order and the new order has not been served and is therfore not enforcable and subject to a hearing, can the new order be incorporated into the hearing on the older expired order?

Answer: Yes. Absolutely.

 


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