Ariz.R.Prot.Ord.Proc. 42

As amended through December 3, 2024
Rule 42 - Appeals
(a) Appealable Orders. The following orders are appealable and are not subject to Rule 54(c), Rules of Civil Procedure, or Rule 78(c), Rules of Family Law Procedure:
(1) An order denying a petition for an Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment.
(2) An Order of Protection, an Injunction Against Harassment, or an Injunction Against Workplace Harassment that is entered, affirmed, modified, or quashed after a hearing at which both parties had an opportunity to appear.
(3) An ex parte protective order is not appealable; rather, a defendant may contest it by requesting a hearing as set forth in Part VIII, Contested Protective Order Hearings.
(4) An order granting or denying a petition for an Order for Lifetime No-Contact Injunction.
(5) An order granting or denying a request to dismiss an Order for Lifetime No-Contact Injunction.
(b) Court to Which Appeal Must Be Made. Orders are appealed as follows:
(1) An order entered by a limited jurisdiction court is appealed to the superior court.
(2) An order entered by a superior court is appealed to the court of appeals.

Ariz.R.Prot.Ord.Proc. 42

Formerly Rule 9, added Sept. 5, 2007, effective 1/1/2008. Renumbered Rule 42 and amended Aug. 27, 2015, effective 1/1/2016; amended August 27, 2019 1/1/2020; amended August 25, 2021, effective 9/29/2021; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 12/8/2022; amended December 8, 2022, effective 1/1/2023; amended August 24, 2023, effective 1/1/2024.

COMMENT

A protective order entered by a limited jurisdiction court after a hearing at which both parties had an opportunity to appear may be appealed to the superior court. See A.R.S. §§ 13-3602(T), 12-1809(P), and 12-1810(P). The procedures to be followed are set forth in A.R.S. § 22-261 for justice courts, are made applicable to municipal courts by A.R.S. § 22-425, and are governed by the Superior Court Rules on Appellate Procedure-Civil.