Full question:
During a criminal proceeding a court commissioner ordered that the guardian and ward have no contact. What is the procedure to have the ruling changed and what statutes are applicable? I.e. a judge of a superior court may make a change, not another commissioner? I thought the order was given for the criminal code, victim, defendant, no contact, but it encompassed the guardianship.
- Category: Criminal
- Subcategory: Appeals
- Date:
- State: Arizona
Answer:
To change a ruling made by a court commissioner, you typically need to file an appeal with the next higher court in the same system. In Arizona, this means appealing to a superior court judge. A commissioner does not have the authority to modify their own orders; only a superior court judge can do so.
The relevant statutes include:
- Arizona Revised Statutes § 13-4031 - This statute outlines the right of appeal in criminal cases.
- Arizona Revised Statutes § 14-5212 - This statute allows for the removal of a guardian or modification of guardianship orders.
In your case, since the no-contact order was issued during a criminal proceeding, it is essential to address how it affects the guardianship. You may need to demonstrate that the no-contact order is detrimental to the ward's well-being or that circumstances have changed since the order was issued.
For further assistance, consider consulting a legal professional who specializes in guardianship and criminal law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.