ARFLP Rule 7. Protected and Unpublished Addresses

A.  When Filing an Initial or Post-judgment Petition or Motion. Any person filing an initial or post-judgment petition, motion or response, whose address is not known to the other party and who reasonably believes that physical or emotional harm may result to the person or a minor child if the person’s address is not protected from disclosure, may request the court to designate that party’s address as protected by:

1.  filing the substantive petition, motion or response thereto with no address included on it; and

2.  filing a written request in a form substantially similar to Form 15 Request for Protected Address; and

3.  lodging a proposed form of order with the court, ordering that the address be protected, except that if there is a valid Order of Protection and the clerk can verify the existence of the Order of Protection, address confidentiality shall be automatic upon filing a written request as required by subdivision A(2); and

4.  filing the party’s address on a separate sheet of paper for court use.

If the court orders that the address shall be protected, the clerk of the court shall thereafter protect the person’s address from public disclosure until the court orders otherwise. A person whose address is protected from disclosure under this rule may be served with all subsequently filed documents, by regular first-class mail at the address provided to the clerk in the manner provided in this rule. If the court does not order that the party’s address is protected, all subsequent filings must include the party’s address.

B.  Court Action.

1.  Within five (5) days of the filing of a request for an address to be protected, the court shall rule on the request, ex parte, without a hearing, unless the court finds it appropriate to set the request for hearing. If the court sets the request for hearing, all parties who have appeared shall be notified of the hearing, and the hearing shall be held within twenty (20) days of the filing of the request.

2.  At any time during the proceedings, the court may order that any protected address no longer be protected upon request of the party whose address is protected or after a hearing and upon a finding that there is no reasonable belief that physical or emotional harm may result to the person with the protected address or to a minor child.

C.  When Serving a Response or Document upon a Party with a Protected Address. Any person required under these rules to serve a response or other document upon a person whose address is ordered protected from disclosure under this rule may serve the same by delivering true and correct copies of the documents to be served, together with the proper fee established by administrative order to cover the cost of service, to the clerk of the court. The clerk shall promptly mail the documents by regular first-class mail to the most recent protected address provided to the clerk, and service shall be deemed complete upon mailing. The clerk shall promptly file a written statement verifying the documents that were mailed and the date of mailing to the protected address signed by the clerk or deputy clerk who mailed the documents. All documents mailed to a protected address shall bear the clerk’s return address, and a notation of any process returned as undelivered shall be made in the court file.

D.  Continuing Duty to Provide the Clerk with Current Address. Any person whose address is ordered protected from disclosure under this rule shall have a continuing duty to provide the clerk of the court with a current and correct mailing address where the person can be served with process until one of the following events occur:

1.  the person whose address is ordered protected files a written notice of published address in the court file, containing both the person’s current mailing addresses where future service can be accomplished under these rules, and the person mails a copy of the notice by regular first-class mail to the last address of all persons who have previously appeared in the action; or

2.  the initial or post-judgment petition or motion has been fully adjudicated by the entry of a final appealable order, judgment or decree, and the time to appeal such order, judgment or decree has expired such that personal service is again required for subsequent petitions under Rule 43(C)(2), as appropriate.

E.  Protecting the Address in a Title IV-D Case. Nothing in this rule is intended to change the practice of protecting the address of a parent seeking services in a Title IV-D case as required by federal law.