!Date Created: 9/15/22><!Author: Arizona Legislative Council><!Digitator: dbupdate>
13-3602.protective arrangement; Procedure; Happy; arrest for rape; speeding tickets; protection order from another jurisdiction; definition
A. As with civil actions, a person may make a verified application to a magistrate, magistrate, justice of the peace, or judge of a higher court for a protective order to prevent a person from committing an act pertaining to domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor must make the request unless the court orders otherwise. The application must identify the parent, guardian or guardian as the complainant and the minor is a person specifically identified for the purposes of subsection G of this section. If a person is temporarily or permanently unable to apply for an order, a third party can apply for a protection order on behalf of the author. Upon request, the bailiff will determine whether the third party is a suitable applicant for the plaintiff. For purposes of this Section, any court in that State, regardless of the plaintiff's or defendant's whereabouts, may make or enforce a protection order.
B. A protective order will not be issued:
1. Unless the customer submits a confirmed written application for an order.
2. Against a minor under the age of twelve, unless the order is issued by the Youth Chamber of the Higher Court.
3. Against more than one accused.
C. The application must include:
1. Author's name. The plaintiff's address and contact information will be provided to the court for service of the case. Address and contact information will not be included in the petition. Whether or not the court issues a protection order, the plaintiff's address and contact information will be held in a separate document or in an automated database and will not be subject to release or disclosure by the court or any form of public access, unless: this was ordered by the court. .
2. Defendant's name and address, if known.
3. Specific details of suspected domestic violence, including dates.
4. Relationship between the parties as defined in Section 13-3601, Subpart A and when a claim of maternity or paternity, annulment, legal separation, or dissolution of marriage is pending between the parties.
5. Name of the court with which a previous or pending proceeding or order relating to the restrained conduct has been sought or is issued.
6. Desired relief.
D. There is no fee for filing a petition under this section or for service of the process. Each court makes forms available free of charge for the purposes of this section to assist parties without an attorney. The court will use all reasonable efforts to provide both parties with adequate information about emergency and counseling services in the area.
E. The court will review the motion, any other allegations on file, and any evidence presented by the plaintiff, including any evidence of contact or electronic harassment, to determine whether the requested orders should be issued without further hearing. The court will issue a protection order under subsection G of this section if the court considers that there is reasonable grounds to believe that any of the following is true:
1. The accused may commit an act of domestic violence.
2. The accused has committed an act of domestic violence within the last year or for a longer period if the court finds a longer period justified.
F. For purposes of determining the period provided for in Item E, paragraph 2 of this section, the time that the accused was incarcerated or outside of that State shall not be calculated. If the court denies the requested remedy, you may schedule a new hearing within ten days with reasonable notice to the defendant.
G. When a court issues a protection order, the court may do the following:
1. Prohibit the accused from committing one or more offenses that fall under domestic violence.
2. Grant either party exclusive use and possession of the parties' domicile if it is shown that there are reasonable grounds to believe that bodily harm would otherwise result. If the other party is accompanied by a police officer, the other party can return to the apartment once to collect their belongings. A police officer shall not be responsible for acts or omissions in good faith in the performance of the police officer's duties under this paragraph. If a party has been granted exclusive possession and use of the parties' home for the duration of the protection order and subsequently moves out of the home, the party must file a written complaint with the court within five days of the move. A house. the residence. Upon receipt of the Plaintiff's notification, the Court shall notify the Defendant that the Plaintiff has changed residency and the Defendant's right to request a hearing under Subpart L of this Section.
3. Prevent the defendant from communicating with the plaintiff or other specifically designated persons and being in the vicinity of the plaintiff's home, place of work or school or other specially designated places or persons if there is reason to believe that a bodily harm could occur. otherwise result.
4. If the court determines that the defendant poses 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 will also order the defendant to turn over any firearms owned by him or the defendant promptly after the order is served on the appropriate law enforcement agency for the duration of the order. . . If the defendant does not promptly surrender the firearm, the defendant must surrender the firearm within twenty-four hours of service of the order.
5. If the order was issued after service and a hearing that the defendant was able to attend, require the defendant to complete a domestic violence offender treatment program provided by a facility approved by the Department of Domestic Violence Services. health department or probation. or any other program the court deems appropriate.
6. Providing relief necessary to protect the alleged victim and other specifically designated persons and reasonable under the circumstances.
7. Grant Plaintiff exclusive custody, custody, or control of any animal owned, owned, rented, kept or possessed by Plaintiff, Defendant, or any minor child resident in Plaintiff's residence or home lives; or the accused, and to ban the accused from taking, transferring, charging, concealing, committing a cruel or negligent act in violation of section 13-2910, or otherwise, the animal to dispose of the animal.
H. The court does not issue a mutual protection order. If opposing parties make separately considered requests for an interim measure, the courts may, after consultation between the judges involved, combine the opposing parties' requests for a hearing. This does not prohibit a court from making reciprocal protection orders.
I. Upon the issuance of a protection order, the court shall serve the order on a law enforcement agency or a sheriff pursuant to subsection J of this section for notice, or an authorized agency pursuant to subsection K of this section for statutory notice. . The entity responding to the order must provide the complainant with delivery confirmation as soon as possible. If delivery of an order cannot be completed within fifteen days of receipt of the order by the agency or organization, the agency or organization requesting service will notify the claimant and continue service. This notification can be supplemented by a victim reporting system, if available.
J. If the protection order is served on a law enforcement agency or sheriff, the notice of a protection order will be as follows:
1. Any protective order issued by a county court, if the defendant is eligible for summons in that city or county, must be served on the law enforcement agency of that city or county. If the order can be served in another city or county, it must be served by that city or county's law enforcement agency. If the order cannot be enforced within a city or county, the order must be served by the sheriff or sheriff of the county where the accused may be summoned.
2. For any interim measure issued by a justice of the peace, the interim measure shall be notified by the sheriff or sheriff of the comarca to which the accused may be summoned, or by a local law enforcement agency.
3. For any interim measure ordered by a judge or commissioner of a higher court, the interim measure will be notified by the sheriff or sheriff of the county where the accused may be summoned.
K. In addition to persons authorized to serve under rule 4(d) of the Arizona Code of Civil Procedure, a peace officer or corrections officer acting in an official capacity under section 41-1661 may enforce issued warrant protection under this section. The protection order service takes precedence over any other process service that does not pose an immediate threat to the safety of an individual.
L. During the term of the order, a party who is under a protective order or who is unable to communicate with the other party is entitled to a hearing upon written request. No fee may be charged for requesting a hearing. A hearing requested by a party who is entitled to injunctive relief or who is unable to contact the other party will be held within ten days of the date requested, unless the court sees cause to with to proceed with the hearing. If exclusive use of the home is granted, the hearing must take place within five days of the requested date. The hearing will take place as soon as possible. An ex parte order made under this Section shall state on the front that the accused is entitled to a hearing upon written application and shall state the name and address of the registry of the court to which the application may be made. After the hearing, the court may modify, reverse, or continue the order. If the party is granted exclusive use of the home, the court may, at the written request of either party, conduct additional negotiations at any time if the circumstances of the main residence change.
M. The application will include the following statement:
This is an official court order. If you fail to comply with this order, you will be arrested and prosecuted for the offense of disrupting court proceedings and any other offense you may have committed for failing to comply with this order.
N. A protection order not served on the defendant within one year of the date of issue is void. An Order will become effective on the Respondent upon delivery of a copy of the Order and the Application. The order expires two years after the defendant's subpoena. An amended order comes into effect upon notification and expires two years after the original order and the application have been published.
O. A Supplemental Information Form used by the court or law enforcement agency solely for the purpose of serving a notice to the Defendant containing information provided by the Complainant is confidential.
F. Any statement, declaration, acceptance or return of service must be filed with the clerk of the issuing court or as required by the courts as soon as possible but no later than seventy-two hours excluding weekends and holidays. This presentation will be in person, electronically or by fax.
F. The Supreme Court will maintain a central archive of protection orders. Within twenty-four hours of filing the affidavit, declaration, acceptance or return of service, excluding weekends and holidays, the court that issued the order or an amended order will record the order and proof of service in the central hall of the Supreme Court . filing of protection orders. The Supreme Court registers the order with the National Crime Information Center. The effectiveness of an order is not dependent on its registration, and for purposes of enforcement under Section 13-2810, a copy of a court order, registered or unregistered, is valid for a period of two years. upon delivery of the decision to the defendant.
A. A peace officer, with or without a warrant, may arrest a person if the peace officer has reasonable grounds to believe that the person has violated Section 13-2810 by complying with an order issued in a jurisdiction of that State in accordance with issued, disobeyed or resisted this Section, whether or not such violation occurred in the presence of the officer. Criminal violations of any order issued under this section will be referred to an appropriate law enforcement agency. The release provisions of Section 13-3883, Subpart A, paragraph 4, and Section 13-3903 do not apply to an arrest made under this Section. For the purposes of this Section, any court in that State shall have jurisdiction to enforce a valid protection order issued in that State and violated in a jurisdiction in that State.
S. A person arrested under Subpart R of this Section may be released in accordance with the Arizona Criminal Procedure Rules or other applicable statutes. The release order, with or without bail, sets forth the terms of the provisional release necessary to provide protection for the alleged victim and other specifically designated persons, and may specify additional terms the court considers appropriate, including participation in any available counseling programs. for the accused. The prison authority of the accused will use all reasonable efforts to contact the victim and other persons specifically named in the protection order if the prison authority is aware and requests immediate notification upon the release of the detainee.
T. The remedies provided in this section to enforce court orders are in addition to any other available civil and criminal remedies. The higher court has exclusive jurisdiction to issue protection orders in all cases where the pending application between the parties results in a claim of maternity, paternity, annulment, separation or dissolution of the marriage. The local court or the regional court cannot issue a security measure if it results from pending proceedings between the parties, maternity or paternity proceedings, a declaration of nullity, separation or dissolution of the marriage. If, after the precautionary measure has been issued, the district court or the regional court finds that an action for maternity or paternity, annulment, separation or dissolution of the marriage is pending between the parties, the district court or the district court will stay the action in the proceedings and merge all the documents proceed to the higher court with a certified copy of the notarial records or other record of the claim, where they will be filed in the pending case and proceed as if the injunctive motion had originally been filed in the higher court. Notwithstanding any other law, and unless prohibited by an order of a higher court, a county court or tribunal may hold a hearing on any matter relating to its ex parte protection order if the hearing is requested prior to receipt of a written notice of pending proceedings from the higher court . Action. No protective measure is void merely because it was granted by a lower court at a time when a claim of maternity or paternity, annulment, legal separation or marriage dissolution was being processed in a higher court. After a hearing with notice to the party concerned, the court may enter an order ordering each party to pay the costs of the proceeding, including reasonable attorneys' fees, if any. The decision of the court or county court after the hearing referred to in this Section may be appealed to the superior court as provided in Title 22, Chapter 2, Article 4, Section 22-425, Subpart B and the Rules of Superior Court Civil Appeals Procedure regardless of the value in dispute. No fee shall be charged to either party for lodging an appeal. For purposes of this subsection, “pending” means in relation to any claim for annulment, legal separation or dissolution of marriage, or maternity or paternity, if:
1. Proceedings have been initiated but no judgment, injunction or final injunction has been issued.
2. Subsequent proceedings have been instituted, but no judgment, order or decree has been issued definitively determining the proceedings.
U. An officer who makes an arrest under this Section or Section 13-3601 shall have no civil or criminal liability for the arrest if the officer acted with a probable cause and without intent.
V. A valid protection order related to domestic or family violence, issued by a court in another state, a court in a U.S. territory, or a tribal court, shall be fully honored and enforced as if it had been issued in that state during the order is in force in the issuing jurisdiction. For the purposes of this subsection:
1. A protective order includes any restraining order or other order issued to prevent violent or threatening acts or harassment, contact, communication with, or physical proximity to another person. A protection order includes both interim and final orders, except for child support or custody orders, which are made by civil and criminal courts when the order is obtained by an independent lawsuit or is a pending order in another proceeding. The civil writ is filed in response to a lawsuit, petition, or application filed by or on behalf of a person seeking protection.
2. A protection order is valid if the court that made it has jurisdiction over the parties and the matter under the laws of the issuing state, any US territory or Native American tribe and the person against whom it was made. gave the order. had reasonable notice and opportunity to be heard. If the order is issued unilaterally, notification and an opportunity to be heard will be provided within such time as is required by the laws of the issuing state, U.S. territory, or Native American tribe and within a reasonable time after the order is issued. . gave the order.
3. A mutual protection order made against the party who made a request or claim or made a written request for protection against abuse and the person against whom the filing is made shall not be entitled to full credibility and creditworthiness , if:
(a) The person against whom an initial injunction is sought has not filed a counter-motion, counter-motion or other letter seeking a protection order.
(b) the issuing court has made no specific finding that would support a party's right to obtain a protection order.
4. An officer may assume the validity of a protection order issued by another state, US territory or Native American tribe and rely on a copy of a protection order if the order was issued to the officer from any source. A police officer may also rely on a declaration by a person protected by the order that the order remains in force. An officer acting in good faith pursuant to an injunction shall have no civil or criminal liability for the enforcement of the injunction under this Section.
W. For purposes of this section, “victim notification system” means an automated system that can automatically notify whistleblowers and crime victims of an individual's case.