What is the correct process to appeal a Judge's order of no contact?
Usually, individuals may only file an appeal with the next higher court in the same system in which the case originated. For example, if persons want to file an appeal from a decision in a state trial court, normally they may file their appeals only to the state intermediate appellate court. The party who loses on appeal may next appeal to the next higher court in the system, usually the state supreme court. The state's highest court is almost always the final word on matters of that state's law.
The following are Arizona statutes:
46-455. Permitting life or health of an incapacitated or vulnerable adult
to be endangered by neglect; violation; classification; civil remedy;
A. A person who has been employed to provide care, who is a de facto
guardian or de facto conservator or who has been appointed by a court to
provide care to an incapacitated or vulnerable adult and who causes or
permits the life of the adult to be endangered or that person's health to
be injured or endangered by neglect is guilty of a class 5 felony.
B. An incapacitated or vulnerable adult whose life or health is being or
has been endangered or injured by neglect, abuse or exploitation may file
an action in superior court against any person or enterprise that has been
employed to provide care, that has assumed a legal duty to provide care or
that has been appointed by a court to provide care to such incapacitated or
vulnerable adult for having caused or permitted such conduct. A physician
licensed pursuant to title 32, chapter 13 or 17, a podiatrist licensed
pursuant to title 32, chapter 7, a registered nurse practitioner licensed
pursuant to title 32, chapter 15 or a physician assistant licensed pursuant
to title 32, chapter 25, while providing services within the scope of that
person's licensure, is not subject to civil liability for damages under
this section unless either:
1. At the time of the events giving rise to a cause of action under this
section, the person was employed or retained by the facility or designated
by the facility, with the consent of the person, to serve the function of
medical director as that term is defined or used by federal or state law
governing a nursing care institution, an assisted living center, an
assisted living facility, an assisted living home, an adult day health care
facility, a residential care institution, an adult care home, a skilled
nursing facility or a nursing facility.
2. At the time of the events giving rise to a cause of action under this
section, all of the following applied:
(a) The person was a physician licensed pursuant to title 32, chapter 13
or 17, a podiatrist licensed pursuant to title 32, chapter 7, a registered
nurse practitioner licensed pursuant to title 32, chapter 15 or a physician
assistant licensed pursuant to title 32, chapter 25.
(b) The person was the primary provider responsible for the medical
services to the patient while the patient was at one of the facilities
listed in paragraph 1 of this subsection.
C. Any person who was the primary provider of medical services to the
patient in the last two years before it was recommended that the patient be
admitted to one of the facilities listed in subsection B, paragraph 1 of
this section is exempt from civil liability for damages under this section.
D. For the purposes of this section, primary provider does not include a
consultant or specialist as listed in subsection B, paragraph 2,
subdivision (a) of this section who is requested by the primary provider to
provide care to the patient for whom the primary provider is responsible,
unless that consultant or specialist assumes the primary care of the
E. The state may file an action pursuant to this section on behalf of
those persons endangered or injured to prevent, restrain or remedy the
conduct described in this section.
F. The superior court has jurisdiction to prevent, restrain and remedy
the conduct described in this section, after making provision for the
rights of all innocent persons affected by such conduct and after a hearing
or trial, as appropriate, by issuing appropriate orders.
G. Before a determination of liability, the orders may include, but are
not limited to, entering restraining orders or temporary injunctions or
taking such other actions, including the acceptance of satisfactory
performance bonds, the creation of receiverships and the appointment of
qualified receivers and the enforcement of constructive trusts, as the
court deems proper.
H. After a determination of liability such orders may include, but are
not limited to:
1. Ordering any person to divest himself of any direct or indirect
interest in any enterprise.
2. Imposing reasonable restrictions, including permanent injunctions, on
the future activities or investments of any person including prohibiting
any person from engaging in the same type of endeavor or conduct to the
extent permitted by the constitutions of the United States and this state.
3. Ordering dissolution or reorganization of any enterprise.
4. Ordering the payment of actual and consequential damages, as well as
costs of suit and reasonable attorney fees, to those persons injured by the
conduct described in this section. The court or jury may order the payment
of punitive damages under common law principles that are generally
applicable to the award of punitive damages in other civil actions. The
court may order the payment of reasonable attorney fees that do not exceed
two times the total amount of compensatory damages that are awarded in the
action, except that the court may award additional attorney fees in
connection with the action after the court has reviewed and approved a
request for additional attorney fees to the plaintiff.
5. Ordering the payment of all costs and expenses of the prosecution and
investigation of the conduct described in this section, civil and criminal,
incurred by the state or county as appropriate to be paid to the general
fund of this state or the county that incurred such costs and expenses.
I. A defendant convicted in any criminal proceeding is precluded from
subsequently denying the essential allegations of the criminal offense of
which he was convicted in any civil proceeding. For the purposes of this
subsection, a conviction may result from a verdict or plea, including a
plea of no contest.
J. A person who files an action under this section shall serve notice and
one copy of the pleading on the attorney general within thirty days after
the action is filed with the superior court. The notice shall identify the
action, the person and the person's attorney. Service of the notice does
not limit or otherwise affect the right of this state to maintain an action
under this section or intervene in a pending action nor does it authorize
the person to name this state or the attorney general as a party to the
action. Upon receipt of a complaint the attorney general shall notify the
appropriate licensing agency.
K. The initiation of civil proceedings pursuant to this section shall be
commenced within two years after actual discovery of the cause of action.
L. Except for the standard of proof provided in subsection H, paragraph 4
of this section, the standard of proof in civil actions brought pursuant to
this section is the preponderance of the evidence.
M. Except in cases filed by a county attorney, the attorney general, upon
timely application, may intervene in any civil action or proceeding brought
under this section if the attorney general certifies that in his opinion
the action is of special public importance. Upon intervention, the attorney
general may assert any available claim and is entitled to the same relief
as if the attorney general had instituted a separate action.
N. In addition to the state's right to intervene as a party in any action
under this section, the attorney general may appear as a friend of the
court in any proceeding in which a claim under this section has been
asserted or in which a court is interpreting section 46-453 or this
O. A civil action authorized by this section is remedial and not punitive
and does not limit and is not limited by any other civil remedy or criminal
action or any other provision of law. Civil remedies provided under this
title are supplemental and not mutually exclusive.
P. The cause of action or the right to bring a cause of action pursuant
to subsection B or E of this section shall not be limited or affected by
the death of the incapacitated or vulnerable adult.
Q. For the purposes of this section, "enterprise" means any corporation,
partnership, association, labor union, or other legal entity, or any group
of persons associated in fact although not a legal entity, which is
involved with providing care to an incapacitated or vulnerable adult.
46-458. Hearing process; definitions
A. After completing its investigation, the department shall notify a
person who is alleged to have abused, neglected or exploited a vulnerable
adult that the department intends to enter a substantiated finding of
abuse, neglect or exploitation in the registry and of that person's right:
1. To receive a copy of the report containing the allegation and
2. To a hearing before entry into the registry pursuant to
B. The department shall send the notice prescribed in subsection A of
this section by first class mail not more than fifteen calendar days after
completion of the investigation.
C. A request for a hearing on the proposed finding must be received by
the department within fifteen calendar days of the notice date.
D. If a request for a hearing is made pursuant to subsection C of this
section, the department shall notify the reporting source, the vulnerable
adult and the vulnerable adult's representative of record and conduct a
review before the hearing. The department shall provide an opportunity for
the accused person to provide written or verbal information to support the
position that the department should not substantiate the allegation and an
opportunity for the reporting source, the vulnerable adult and the
vulnerable adult's representative of record to respond to the information
provided by the accused person. If the department determines that the
accused person did not engage in the alleged conduct by a preponderance of
the evidence, the department shall amend the information or finding in the
report and shall notify the person, and a hearing shall not be held.
E. Notwithstanding section 41-1061, subsection B, the notification
prescribed in subsection A of this section shall also state that if the
department does not amend the information or finding in the report as
prescribed in subsection D of this section within sixty days after it
receives the request for a hearing the person has a right to a hearing
1. The person is a party in a civil, criminal or administrative
proceeding in which the allegations of abuse, neglect or exploitation are
2. A court or administrative law judge has made findings as to the
alleged abuse, neglect or exploitation.
F. If the department does not amend the information or finding in the
report as prescribed in subsection D of this section, the department shall
notify the office of administrative hearings of the request for a hearing
not later than five days after completion of the review. The department
shall forward all records, reports and other relevant information with the
request for hearing within ten days after the request is made. The
department shall redact the identity of the reporting source before
transmitting the information to the office of administrative hearings.
G. The office of administrative hearings shall hold a hearing pursuant to
title 41, chapter 6, article 10, with the following exceptions:
1. A vulnerable adult who is the victim of or a witness to abuse, neglect
or exploitation is not required to testify at the hearing.
2. The identity of the reporting source of the abuse, neglect or
exploitation shall not be disclosed without the permission of the reporting
3. The reporting source is not required to testify.
4. A written statement from the reporting source may be admitted if the
time, content and circumstances of that statement are sufficiently
indicative of its reliability.
5. If the person requesting the hearing fails to appear, the hearing
shall be vacated and a substantiated finding of abuse, neglect or
exploitation shall be entered. On good cause shown, the hearing may be
rescheduled if the request is made within fifteen calendar days after the
date of the notice vacating the hearing for failure to appear.
H. On completion of the presentation of evidence, the administrative law
judge shall determine whether the department's finding that the accused
engaged in the alleged conduct is supported by a preponderance of the
evidence. If the administrative law judge determines there is insufficient
evidence to sustain the department's burden of proof, the administrative
law judge shall order the department to amend the information or finding in
I. Notwithstanding section 41-1959, the department shall notify the
person who is the subject of the investigation and the person who reported
the allegations of abuse, neglect or exploitation of the outcome of the
investigation at one of the following times:
1. At the conclusion of the investigation if the report is
unsubstantiated or if, by a preponderance of the evidence, there is
reason to believe the allegation did occur but no perpetrator has been
2. After the time to request a hearing has lapsed pursuant to
subsection C of this section without the department receiving a request
for a hearing.
3. After a final administrative decision has been made.
J. All final decisions substantiating an allegation of abuse, neglect or
exploitation shall be reported to the adult protective services registry,
pursuant to section 46-459, within thirty days after the decision is
K. Any person receiving information pursuant to this section shall
maintain its confidentiality as provided by section 41-1959, subsection A.
L. This section applies only to those allegations of abuse, neglect or
exploitation received by the department on or after July 1, 2007.
M. The department is exempt from the rule making requirements of
title 41, chapter 6 for the purposes of implementing this section.
N. For the purposes of this section:
1. "Amend the finding" means to change the finding from substantiated to
2. "Amend the information" means to change information identifying the
accused of having abused, neglected or exploited a vulnerable adult.
3. "Final decision" means a decision for which the time to appeal has
expired or from which no further appeal is available.
13-4031. Right of appeal
The state, or any party to a prosecution by indictment, information or
complaint, may appeal as prescribed by law and in the manner provided by
the rules of criminal procedure, except criminal actions involving crimes
for which a sentence of death has actually been imposed may only be
appealed to the supreme court.
13-4032. Appeal by state
An appeal may be taken by the state from:
1. An order dismissing an indictment, information or complaint or
count of an indictment, information or complaint.
2. An order granting a new trial.
3. A ruling on a question of law adverse to the state when the
defendant was convicted and appeals from the judgment.
4. An order made after judgment affecting the substantial rights of the
state or a victim, except that the state shall only take an appeal on an
order affecting the substantial rights of a victim at the victim's request.
5. A sentence on the grounds that it is illegal, or if the sentence
imposed is other than the presumptive sentence authorized by section
13-702, SECTION 13-703, SECTION 13-704 OR SECTION 13-706,
6. An order granting a motion to suppress the use of evidence.
7. A judgment of acquittal of one or more offenses charged in an
indictment, information or complaint or count of an indictment, information
or complaint that is entered after a verdict of guilty on the offense or
13-4033. Appeal by defendant
A. An appeal may be taken by the defendant only from:
1. A final judgment of conviction or verdict of guilty except insane.
2. An order denying a motion for a new trial.
3. An order made after judgment affecting the substantial rights
of the party.
4. A sentence on the grounds that it is illegal or excessive.
B. In noncapital cases a defendant may not appeal from a judgment or
sentence that is entered pursuant to a plea agreement or an admission to a
C. A DEFENDANT MAY NOT APPEAL UNDER SUBSECTION A, PARAGRAPH 1 OR 2 IF
THE DEFENDANT'S ABSENCE PREVENTS SENTENCING FROM OCCURRING WITHIN NINETY
DAYS AFTER CONVICTION AND THE DEFENDANT FAILS TO PROVE BY CLEAR AND
CONVINCING EVIDENCE AT THE TIME OF SENTENCING THAT THE ABSENCE WAS
13-4034. Expense of record or transcript upon appeal by indigent as county
The expense of a certified copy of the record on appeal or of the
reporter's transcript, or both, when appellant files an affidavit that he
is without means or wholly unable to pay for such copies, and such
affidavit is found true, shall be a charge upon the county in which the
appellant was convicted.
13-4036. Power of supreme court on appeal from judgment of conviction
The supreme court may reverse, affirm or modify the judgment appealed
from, and may grant a new trial or render any judgment or make any order
which is consistent with the justice and the rights of the state and the
defendant. On an appeal from an order made after judgment, it may set
aside, affirm or modify the order or any proceeding subsequent to or
dependent upon such order.
13-4037. Power of supreme court to correct and reduce sentence upon appeal
A. Upon an appeal by the defendant either from a judgment of conviction
or from sentence, if an illegal sentence has been imposed upon a lawful
verdict or finding of guilty by the trial court, the supreme court shall
correct the sentence to correspond to the verdict or finding. The sentence
as corrected shall be enforced by the court from which the appeal was
B. Upon an appeal from the judgment or from the sentence on the ground
that it is excessive, the court shall have the power to reduce the extent
or duration of the punishment imposed, if, in its opinion, the conviction
is proper, but the punishment imposed is greater than under the
circumstances of the case ought to be inflicted. In such a case, the
supreme court shall impose any legal sentence, not more severe than that
originally imposed, which in its opinion is proper. Such sentence shall
be enforced by the court from which the appeal was taken.
13-4038. Power of supreme court on appeal by state
Upon an appeal by the state from any order the supreme court may affirm
or reverse such order. Upon an appeal from a sentence on the ground that it
is illegal the court shall either approve such sentence or if it decides
that the sentence is illegal shall correct the sentence to correspond to
the verdict. The sentence as approved or corrected shall be enforced by the
court from which the appeal was taken.
13-4039. Failure of appellant to prosecute appeal; effect
If the appellant fails to prosecute the appeal, the appellate court
shall dismiss the appeal.
13-4040. Divestiture of jurisdiction of supreme court after remission of
minute entry and decision; exception
After a certified copy of the minute entry and a copy of the decision of
the supreme court in a criminal appeal has been remitted to the trial court
from which the appeal was taken, the supreme court shall have no further
jurisdiction of the appeal, or of the proceedings thereon. All orders which
may be necessary to carry the decision of the supreme court into effect
shall be made by the court to which the copy of the minute entry and
decision is remitted, except when a judgment or sentence of death has been
affirmed on appeal after the time appointed for the execution of the
sentence and the supreme court has fixed a new time for execution and
issued a warrant to the director of the department of corrections to
execute the sentence at the time designated in the warrant.
13-4041. Fee of counsel assigned in criminal proceeding or insanity hearing
on appeal or in postconviction relief proceedings; reimbursement
A. Except pursuant to subsection G of this section, if counsel is
appointed by the court to represent the defendant in either a criminal
proceeding or insanity hearing on appeal, the county in which the court
from which the appeal is taken presides shall pay counsel, except that in
those appeals where the defendant is represented by a public defender or
other publicly funded office, compensation shall not be set or paid.
Compensation for services rendered on appeal shall be in an amount as the
supreme court in its discretion deems reasonable, considering the services
B. After the supreme court has affirmed a defendant's conviction and
sentence in a capital case, the supreme court, or if authorized by the
supreme court, the presiding judge of the county from which the case
originated shall appoint counsel to represent the capital defendant in the
state postconviction relief proceeding. The court shall appoint counsel
from the state capital postconviction public defender office unless a
conflict exists or the court makes a finding that the office cannot
represent the defendant.
C. Notwithstanding subsection B of this section, the supreme court shall
establish and maintain a list of persons who are qualified to represent
capital defendants in those cases in which the court does not appoint
counsel from the state capital postconviction public defender office. The
supreme court may establish by rule more stringent standards of competency
for the appointment of postconviction counsel in capital cases than are
provided by this subsection. The supreme court may refuse to certify an
attorney on the list who meets the qualifications established under this
subsection or may remove an attorney from the list who meets the
qualifications established under this subsection if the supreme court
determines that the attorney is incapable or unable to adequately represent
a capital defendant. The court shall appoint counsel from the list. Counsel
who are appointed from the list shall meet the following qualifications:
1. Be a member in good standing of the state bar of Arizona for at least
five years immediately preceding the appointment.
2. Have practiced in the area of state criminal appeals or postconviction
proceedings for at least three years immediately preceding the appointment.
3. Not previously have represented the capital defendant in the case
either in the trial court or in the direct appeal, unless the defendant and
counsel expressly request continued representation and waive all potential
issues that are foreclosed by continued representation.
D. Before filing a petition, the capital defendant may personally appear
before the trial court and waive counsel. If the trial court finds that the
waiver is knowing and voluntary, appointed counsel may withdraw. The time
limits in which to file a petition shall not be extended due solely to the
change from appointed counsel to self-representation.
E. If at any time the trial court determines that the capital defendant
is not indigent, appointed counsel shall no longer be compensated by public
monies and may withdraw.
F. Unless counsel is employed by a publicly funded office, counsel
appointed to represent a capital defendant in state postconviction relief
proceedings shall be paid an hourly rate of not to exceed one hundred
dollars per hour for up to two hundred hours of work, whether or not a
petition is filed. Monies shall not be paid to court appointed counsel
1. A petition is timely filed.
2. If a petition is not filed, a notice is timely filed stating that
counsel has reviewed the record and found no meritorious claim.
G. On a showing of good cause, the trial court shall compensate appointed
counsel from county funds in addition to the amount of compensation
prescribed by subsection F of this section by paying an hourly rate in an
amount that does not exceed one hundred dollars per hour. The attorney may
establish good cause for additional fees by demonstrating that the attorney
spent over two hundred hours representing the defendant in the proceedings.
The court shall review and approve additional reasonable fees and costs. If
the attorney believes that the court has set an unreasonably low hourly
rate or if the court finds that the hours the attorney spent over the two
hundred hour threshold are unreasonable, the attorney may file a special
action with the Arizona supreme court. If counsel is appointed in
successive postconviction relief proceedings, compensation shall be paid
pursuant to section 13-4013, subsection A.
H. The county shall request reimbursement for fees it incurs pursuant
to subsections F, G and I of this section arising out of the appointment
of counsel to represent an indigent capital defendant in a state
postconviction relief proceeding. The state shall pay fifty per cent of
the fees incurred by the county out of monies appropriated to the supreme
court for these purposes. The supreme court shall approve county requests
for reimbursement after certification that the amount requested is owed.
I. The trial court may authorize additional monies to pay for
investigative and expert services that are reasonably necessary to
adequately litigate those claims that are not precluded by section 13-4232.
13-4042. Appellate proceedings; request for extension; victim notification
A. In any appellate proceeding in a capital case in which an extension
of the time to file a brief is requested, the victim, after filing a notice
of appearance, has a right to respond to the request for extension within
ten days after the filing of the request.
B. On the filing of a notice of appearance, the victim shall serve a copy
on the state and the defendant.
C. The victim may exercise the right to respond through the state.
D. The party that requests the extension shall provide notice of the
request to the victim in a manner prescribed by the court.
E. This section does not provide any party or the victim with a right to
14-5210. Termination of appointment of guardian; general
A guardian's authority and responsibility terminates on the death,
resignation or removal of the guardian or on the minor's death, adoption,
marriage or attainment of majority. Termination does not affect the
guardian's liability for prior acts or the guardian's obligation to account
for the ward's monies and assets. Resignation of a guardian does not
terminate the guardianship until it has been approved by the court.
14-5211. Proceedings subsequent to appointment; venue
A. The court where the ward resides has concurrent jurisdiction with
the court which appointed the guardian, or in which acceptance of a
testamentary appointment was filed, over resignation, removal, accounting
and other proceedings relating to the guardianship.
B. If the court located where the ward resides is not the court in which
acceptance of appointment is filed, the court in which proceedings
subsequent to appointment are commenced shall in all appropriate cases
notify the other court, in this or another state, and after consultation
with that court determine whether to retain jurisdiction or transfer the
proceedings to the other court, whichever is in the best interests of the
ward. A copy of any order accepting a resignation or removing a guardian
shall be sent to the court in which acceptance of appointment is filed.
14-5212. Resignation or removal proceedings
A. Any person interested in the welfare of a ward or the ward, if
fourteen or more years of age, may petition for removal of a guardian on
the ground that removal would be in the best interests of the ward, or for
any other order that is in the best interest of the ward. A guardian may
petition for permission to resign. A petition for removal or for permission
to resign may, but need not, include a request for appointment of a
B. Notice of a hearing on a petition for an order subsequent to
appointment shall be given to a ward who is at least fourteen years of age,
the guardian and any other person the court orders to receive the notice.
C. After notice and a hearing on a petition for removal or for permission
to resign, the court may terminate the guardianship and make any further
order that may be appropriate.
D. If, at any time in the proceeding, the court determines that the
interests of the ward are, or may be, inadequately represented, it may
appoint an attorney to represent the minor, giving consideration to the
preference of the minor if the minor is fourteen or more years of age.
14-5306. Termination of guardianship for incapacitated person
The authority and responsibility of a guardian for an incapacitated
person terminates upon the death of the guardian or ward, a determination
of incapacity of the guardian, or upon removal or resignation as provided
in section 14-5307. Testamentary appointment under an informally probated
will terminates if the will is later denied probate in a formal proceeding.
Termination does not affect his liability for prior acts nor his obligation
to account for funds and assets of his ward.
14-5307. Removal or resignation of guardian; termination of incapacity
A. On petition of the ward or any person interested in his welfare, the
court may remove a guardian and appoint a successor if it is in the best
interests of the ward. On petition of the guardian, the court may accept a
resignation and make any other order which may be appropriate.
B. An order adjudicating incapacity may specify a minimum period, not
exceeding one year, during which no petition for an adjudication that the
ward is no longer incapacitated may be filed without special leave. Subject
to this restriction, the ward or any person interested in his welfare may
petition the court for an order that the ward is no longer incapacitated
and for the removal or resignation of the guardian. A request for this
order may be made by informal letter to the court or judge. Any person who
knowingly interferes with the transmission of this request may be found in
contempt of court.
C. Before removing a guardian, accepting the resignation of a guardian or
ordering that a ward's incapacity has terminated, the court, following the
same procedures to safeguard the rights of the ward as apply to a petition
for appointment of a guardian, may send an investigator to the residence of
the present guardian and to the place where the ward resides or is detained
to observe conditions and report in writing to the court.
14-5313. Proceedings subsequent to appointment; venue
A. The court at the place where the ward resides has concurrent
jurisdiction with the court that appointed the guardian or in which
acceptance of a parental or spousal appointment was filed, over
resignation, removal, accounting and other proceedings relating to the
guardianship including proceedings to limit the authority previously
conferred on a guardian or to remove limitations previously imposed.
B. If the court located at the place where the ward resides is not the
court in which acceptance of appointment is filed, the court in which
proceedings subsequent to appointment are commenced shall in all
appropriate cases notify the other court, in this or another state, and
after consultation with that court shall determine whether to retain
jurisdiction or transfer the proceedings to the other court, whichever
may be in the best interests of the ward. A copy of any order accepting a
resignation, removing a guardian or altering authority shall be sent to
the court in which acceptance of appointment is filed.