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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
commission; review of
laws
(NOW: judge; superior court; emergency orders)
Purpose
Specifies that, in counties with a population of fewer than 150,000 persons, any judge, justice of the peace, magistrate or commissioner may issue emergency orders of protection by telephone during the hours that the courts are closed. Increases the effective duration of an order of protection or a modified order of protection from one year to two years after the defendant has been served and extends the effective duration of an emergency order of protection to seven calendar days after issuance.
Background
Emergency orders of protection are granted by a judge, justice of the peace, magistrate or commissioner in writing, telephonically or via oral ex parte in instances that the officer has reasonable grounds to believe that a plaintiff is in immediate and present danger of domestic violence from a defendant where a statutorily designated relationship exists between the defendant and the plaintiff. The emergency order of protection may include: 1) enjoining the defendant from committing an act of domestic violence; 2) exclusive use of the home; 3) restraining the defendant from contacting the plaintiff and coming near a place the plaintiff may reside; and 4) a prohibition against the defendant's possession or purchase of a firearm for the duration of the order.
In counties with a population of more than 150,000 persons, the court must make an officer of the court available to issue emergency orders by telephone when courts are closed. In counties with a population of fewer than 150,000 persons, where an officer of the court is not required to be on duty to issue emergency orders of protection outside of business hours, an officer of the court may issue an emergency order by telephone and must comply with notification and filing requirements (A.R.S. § 13-3624).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that, in counties with a population of fewer than 150,000 persons, any judge, justice of the peace, magistrate or commissioner may issue emergency orders of protection by telephone during the hours that the courts are closed.
2. Extends the effective duration of an emergency order of protection to seven calendar days after issuance, rather than at the close of the next judicial day of business after issuance or 72 hours after issuance, whichever is longer.
3. Increases, from one year to two years, the effective duration of an order of protection or a modified order of protection after the defendant has been served the original order.
4. States that the applicability of the increased effective duration applies to orders of protection served after the general effective date.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Extends the effective duration of an emergency order of protection to seven calendar days after issuance, rather than at the close of the next judicial day of business after issuance or 72 hours after issuance, whichever is longer.
2. Increases, from one year to two years, the effective duration of an order of protection or a modified order of protection after the defendant has been served the original order.
3. States that the applicability of the increased effective duration applies to orders of protection served after the general effective date.
House Action Senate Action
JUD 2/16/22 DPA/SE 9-0-0-1 JUD 3/7/22 DP 6-0-2
3rd Read 2/24/22 58-1-0
Prepared by Senate Research
April 5, 2022
ZD/HW/sr