13-3602

13-3602. Order of protection; procedure;
contents; arrest for violation; penalty; protection order from
another jurisdiction

A. A person may file a verified petition, as in civil actions, with a magistrate,
justice of the peace or superior court judge for an order of protection for the purpose
of restraining a person from committing an act included in domestic violence. If the
person is a minor, the parent, legal guardian or person who has legal custody of the
minor shall file the petition unless the court determines otherwise. The petition shall
name the parent, guardian or custodian as the plaintiff and the minor is a specifically
designated person for the purposes of subsection G of this section. If a person is either
temporarily or permanently unable to request an order, a third party may request an order
of protection on behalf of the plaintiff. After the request, the judicial officer shall
determine if the third party is an appropriate requesting party for the plaintiff. For
the purposes of this section, notwithstanding the location of the plaintiff or defendant,
any court in this state may issue or enforce an order of protection.

B. An order of protection shall not be granted:

1. Unless the party who requests the order files a written verified petition for an
order.

2. Against a person who is less than twelve years of age unless the order is
granted by the juvenile division of the superior court.

3. Against more than one defendant.

C. The petition shall state the:

1. Name of the plaintiff. The plaintiff's address shall be disclosed to the court
for purposes of service. If the address of the plaintiff is unknown to the defendant, the
plaintiff may request that the address be protected. On the plaintiff's request, the
address shall not be listed on the petition. Whether the court issues an order of
protection, the protected address shall be maintained in a separate document or automated
database and is not subject to release or disclosure by the court or any form of public
access except as ordered by the court.

2. Name and address, if known, of the defendant.

3. Specific statement, including dates, of the domestic violence alleged.

4. Relationship between the parties pursuant to section 13-3601, subsection A and
whether there is pending between the parties an action for maternity or paternity,
annulment, legal separation or dissolution of marriage.

5. Name of the court in which any prior or pending proceeding or order was sought
or issued concerning the conduct that is sought to be restrained.

6. Desired relief.

D. A fee shall not be charged for filing a petition under this section or for
service of process. On request of the plaintiff, each order of protection that is issued
by a municipal court shall be served by the police agency for that city if the defendant
can be served within the city. If the defendant cannot be served within the city, the
police agency in the city in which the defendant can be served shall serve the order. If
the order cannot be served within a city, the sheriff shall serve the order. On request
of the plaintiff, each order of protection that is issued by a justice of the peace shall
be served by the constable or sheriff for that jurisdiction if the defendant can be
served within the jurisdiction. If the defendant cannot be served within that
jurisdiction, the constable or sheriff in the jurisdiction in which the defendant can be
served shall serve the order. On request of the plaintiff, each order of protection that
is issued by a superior court judge or commissioner shall be served by the sheriff of the
county. If the defendant cannot be served within that jurisdiction, the sheriff in the
jurisdiction in which the defendant can be served shall serve the order. Each court shall
provide, without charge, forms for purposes of this section for assisting parties without
counsel. The court shall make reasonable efforts to provide to both parties an
appropriate information sheet on emergency and counseling services that are available in
the local area.

E. The court shall review the petition, any other pleadings on file and any
evidence offered by the plaintiff, including any evidence of harassment by electronic
contact or communication, to determine whether the orders requested should issue without
further hearing. The court shall issue an order of protection under subsection G of this
section if the court determines that there is reasonable cause to believe any of the
following:

1. The defendant may commit an act of domestic violence.

2. The defendant has committed an act of domestic violence within the past year or
within a longer period of time if the court finds that good cause exists to consider a
longer period.

F. For the purposes of determining the period of time under subsection E, paragraph
2 of this section, any time that the defendant has been incarcerated or out of this state
shall not be counted. If the court denies the requested relief, it may schedule a further
hearing within ten days, with reasonable notice to the defendant.

G. If a court issues an order of protection, the court may do any of the following:

1. Enjoin the defendant from committing a violation of one or more of the offenses
included in domestic violence.

2. Grant one party the use and exclusive possession of the parties' residence on a
showing that there is reasonable cause to believe that physical harm may otherwise
result. If the other party is accompanied by a law enforcement officer, the other party
may return to the residence on one occasion to retrieve belongings. A law enforcement
officer is not liable for any act or omission in the good faith exercise of the officer's
duties under this paragraph.

3. Restrain the defendant from contacting the plaintiff or other specifically
designated persons and from coming near the residence, place of employment or school of
the plaintiff or other specifically designated locations or persons on a showing that
there is reasonable cause to believe that physical harm may otherwise result.

4. If the court finds that the defendant is a credible threat to the physical
safety of the plaintiff or other specifically designated persons, prohibit the defendant
from possessing or purchasing a firearm for the duration of the order. If the court
prohibits the defendant from possessing a firearm, the court shall also order the
defendant to transfer any firearm owned or possessed by the defendant immediately after
service of the order to the appropriate law enforcement agency for the duration of the
order. If the defendant does not immediately transfer the firearm, the defendant shall
transfer the firearm within twenty-four hours after service of the order.

5. If the order was issued after notice and a hearing at which the defendant had an
opportunity to participate, require the defendant to complete a domestic violence
offender treatment program that is provided by a facility approved by the department of
health services or a probation department or any other program deemed appropriate by the
court.

6. Grant relief that is necessary for the protection of the alleged victim and
other specifically designated persons and that is proper under the circumstances.

7. Grant the petitioner the exclusive care, custody or control of any animal that
is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor
child residing in the residence or household of the petitioner or the respondent, and
order the respondent to stay away from the animal and forbid the respondent from taking,
transferring, encumbering, concealing, committing an act of cruelty or neglect in
violation of section 13-2910 or otherwise disposing of the animal.

H. The court shall not grant a mutual order of protection. If opposing parties
separately file verified petitions for an order of protection, the courts after
consultation between the judges involved may consolidate the petitions of the opposing
parties for hearing. This does not prohibit a court from issuing cross orders of
protection.

I. At any time during the period during which the order is in effect, a party who
is under an order of protection or who is restrained from contacting the other party is
entitled to one hearing on written request. No fee may be charged for requesting a
hearing. A hearing that is requested by a party who is under an order of protection or
who is restrained from contacting the other party shall be held within ten days from the
date requested unless the court finds good cause to continue the hearing. If exclusive
use of the home is awarded, the hearing shall be held within five days from the date
requested. The hearing shall be held at the earliest possible time. An ex parte order
that is issued under this section shall state on its face that the defendant is entitled
to a hearing on written request and shall include the name and address of the judicial
office where the request may be filed. After the hearing, the court may modify, quash or
continue the order.

J. The order shall include the following statement:

Warning

This is an official court order. If you disobey this order, you will be
subject to arrest and prosecution for the crime of interfering with judicial
proceedings and any other crime you may have committed in disobeying this
order.

K. A copy of the petition and the order shall be served on the defendant within one
year from the date the order is signed. An order of protection that is not served on the
defendant within one year expires. An order is effective on the defendant on service of
a copy of the order and petition. An order expires one year after service on the
defendant. A modified order is effective on service and expires one year after service of
the initial order and petition.

L. Each affidavit, acceptance or return of service shall be promptly filed with the
clerk of the issuing court. This filing shall be completed in person, shall be made by
fax or shall be postmarked, if sent by mail, no later than the end of the seventh court
business day after the date of service. If the filing is made by fax, the original
affidavit, acceptance or return of service shall be promptly filed with the
court. Within twenty-four hours after the affidavit, acceptance or return of service has
been filed, excluding weekends and holidays, the court from which the order or any
modified order was issued shall forward to the sheriff of the county in which the court
is located a copy of the order of protection and a copy of the affidavit or certificate
of service of process or acceptance of service. On receiving these copies, the sheriff
shall register the order. Registration of an order means that a copy of the order of
protection and a copy of the affidavit or acceptance of service have been received by the
sheriff's office. The sheriff shall maintain a central repository for orders of
protection so that the existence and validity of the orders can be easily verified. The
effectiveness of an order does not depend on its registration, and for enforcement
purposes pursuant to section 13-2810, a copy of an order of the court, whether or not
registered, is presumed to be a valid existing order of the court for a period of one
year from the date of service of the order on the defendant.

M. A peace officer, with or without a warrant, may arrest a person if the peace
officer has probable cause to believe that the person has violated section 13-2810 by
disobeying or resisting an order that is issued in any jurisdiction in this state
pursuant to this section, whether or not such violation occurred in the presence of the
officer. Criminal violations of an order issued pursuant to this section shall be
referred to an appropriate law enforcement agency. The law enforcement agency shall
request that a prosecutorial agency file the appropriate charges. A violation of an order
of protection shall not be adjudicated by a municipal or justice court unless a complaint
has been filed or other legal process has been requested by the prosecuting agency. The
provisions for release under section 13-3883, subsection A, paragraph 4 and section
13-3903 do not apply to an arrest made pursuant to this section. For the purposes of this
section, any court in this state has jurisdiction to enforce a valid order of protection
that is issued in this state and that has been violated in any jurisdiction in this
state.

N. A person who is arrested pursuant to subsection M of this section may be
released from custody in accordance with the Arizona rules of criminal procedure or any
other applicable statute. An order for release, with or without an appearance bond, shall
include pretrial release conditions that are necessary to provide for the protection of
the alleged victim and other specifically designated persons and may provide for any
other additional conditions that the court deems appropriate, including participation in
any counseling programs available to the defendant. The agency with custody of the
defendant shall make reasonable efforts to contact the victim and other specifically
designated persons in the order of protection, if known to the custodial agency, who
requested notification immediately on release of the arrested person from custody.

O. The remedies provided in this section for enforcement of the orders of the court
are in addition to any other civil and criminal remedies available. The superior court
shall have exclusive jurisdiction to issue orders of protection in all cases if it
appears from the petition that an action for maternity or paternity, annulment, legal
separation or dissolution of marriage is pending between the parties. A municipal court
or justice court shall not issue an order of protection if it appears from the petition
that an action for maternity or paternity, annulment, legal separation or dissolution of
marriage is pending between the parties. After issuance of an order of protection, if
the municipal court or justice court determines that an action for maternity or
paternity, annulment, legal separation or dissolution of marriage is pending between the
parties, the municipal court or justice court shall stop further proceedings in the
action and forward all papers, together with a certified copy of docket entries or any
other record in the action, to the superior court where they shall be docketed in the
pending superior court action and shall proceed as though the petition for an order of
protection had been originally brought in the superior court. Notwithstanding any other
law and unless prohibited by an order of the superior court, a municipal court or justice
court may hold a hearing on all matters relating to its ex parte order of protection if
the hearing was requested before receiving written notice of the pending superior court
action. No order of protection shall be invalid or determined to be ineffective merely
because it was issued by a lower court at a time when an action for maternity or
paternity, annulment, legal separation or dissolution of marriage was pending in a higher
court. After a hearing with notice to the affected party, the court may enter an order
requiring any party to pay the costs of the action, including reasonable attorney fees,
if any. An order that is entered by a justice court or municipal court after a hearing
pursuant to this section may be appealed to the superior court as provided in title 22,
chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil
appellate procedure without regard to an amount in controversy. No fee may be charged to
either party for filing an appeal. For the purposes of this subsection, "pending" means,
with respect to an action for annulment, legal separation or dissolution of marriage or
for maternity or paternity, either that:

1. An action has been commenced but a final judgment, decree or order has not been
entered.

2. A post-decree proceeding has been commenced but a judgment, decree or order
finally determining the proceeding has not been entered.

P. A peace officer who makes an arrest pursuant to this section or section 13-3601
is not civilly or criminally liable for the arrest if the officer acts on probable cause
and without malice.

Q. In addition to persons authorized to serve process pursuant to rule 4(d) of the
Arizona rules of civil procedure, a peace officer or a correctional officer as defined in
section 41-1661 who is acting in the officer's official capacity may serve an order of
protection that is issued pursuant to this section. Service of the order of protection
has priority over other service of process that does not involve an immediate threat to
the safety of a person.

R. A valid protection order that is related to domestic or family violence and that
is issued by a court in another state, a court of a United States territory or a tribal
court shall be accorded full faith and credit and shall be enforced as if it were issued
in this state for as long as the order is effective in the issuing jurisdiction. For the
purposes of this subsection:

1. A protection order includes any injunction or other order that is issued for the
purpose of preventing violent or threatening acts or harassment against, contact or
communication with or physical proximity to another person. A protection order includes
temporary and final orders other than support or child custody orders that are issued by
civil and criminal courts if the order is obtained by the filing of an independent action
or is a pendente lite order in another proceeding. The civil order shall be issued in
response to a complaint, petition or motion that was filed by or on behalf of a person
seeking protection.

2. A protection order is valid if the issuing court had jurisdiction over the
parties and the matter under the laws of the issuing state, a United States territory or
an Indian tribe and the person against whom the order was issued had reasonable notice
and an opportunity to be heard. If the order is issued ex parte, the notice and
opportunity to be heard shall be provided within the time required by the laws of the
issuing state, a United States territory or an Indian tribe and within a reasonable time
after the order was issued.

3. A mutual protection order that is issued against both the party who filed a
petition or a complaint or otherwise filed a written pleading for protection against
abuse and the person against whom the filing was made is not entitled to full faith and
credit if either:

(a) The person against whom an initial order was sought has not filed a cross or
counter petition or other written pleading seeking a protection order.

(b) The issuing court failed to make specific findings supporting the entitlement
of both parties to be granted a protection order.

4. A peace officer may presume the validity of and rely on a copy of a protection
order that is issued by another state, a United States territory or an Indian tribe if
the order was given to the officer by any source. A peace officer may also rely on the
statement of any person who is protected by the order that the order remains in effect.
A peace officer who acts in good faith reliance on a protection order is not civilly or
criminally liable for enforcing the protection order pursuant to this section.