Arizona Laws 13-3624. Emergency orders of protection
A. In counties with a population of one hundred fifty thousand persons or more, the presiding judge of the superior court, during the hours that the courts are closed, shall make available on a rotating basis a judge, justice of the peace, magistrate or commissioner who shall issue emergency orders of protection by telephone. In counties with a population of less than one hundred fifty thousand 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.
Terms Used In Arizona Laws 13-3624
- Act: means a bodily movement. See Arizona Laws 13-105
- Allegation: something that someone says happened.
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. See Arizona Laws 13-105
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
B. The court, within twenty-four hours after a defendant is arrested for an act of domestic violence, shall register a certified copy of the release order with the sheriff’s office of the county in which the order was issued. The court shall notify the sheriff’s office of material changes in the release order, if the conditions of the release order are no longer in effect and when the charges are resolved. The sheriff in each county shall maintain a central repository for release orders so that the existence and validity of the orders can be easily verified. The law enforcement agency shall advise domestic violence victims where the victim may verify the registration and conditions of a release order.
C. The judge, justice of the peace, magistrate or commissioner who is authorized to issue emergency orders of protection may issue a written or oral ex parte emergency order of protection if a peace officer states that the officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence based on an allegation of a recent incident of actual domestic violence pursuant to section 13-3601, subsection A.
D. An emergency order of protection may include any of the following:
1. The defendant may be enjoined from committing a violation of one or more of the offenses included in domestic violence.
2. One party may be granted 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.
3. The defendant may be restrained from contacting the plaintiff and 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 may inflict bodily injury or death on the plaintiff, the defendant may be prohibited from possessing or purchasing a firearm for the duration of the order.
E. An emergency order of protection expires seven calendar days after issuance, unless otherwise continued by the court.
F. A judge, justice of the peace, magistrate or commissioner may issue an oral emergency order of protection pursuant to subsection C of this section on request of the alleged victim, if there is a finding that a person’s life or health is in imminent danger. 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. The judicial officer who issues an oral emergency order of protection shall document the issuance of the order as soon as practicable. The officer who receives the verbal order shall write and sign the order. The emergency order shall be served on the defendant, and a copy shall be given to the protected party. The emergency order shall be filed as soon as practicable after its issuance. The law enforcement agency shall file a certificate of service with the court and shall register the emergency order with the national crime information center as soon as practicable. If a person who is named in the order and who has not received personal service of the order but has received actual notice of the existence and substance of the order commits an act that violates the order, the person is subject to any penalty for the violation.
G. The availability of an emergency order of protection is not affected by either party leaving the residence.
H. A law enforcement agency that has jurisdiction to enforce an emergency order of protection shall enforce the emergency order when it has reasonable cause to believe that the order has been violated.
I. Failure of a law enforcement agency to enforce an emergency order of protection pursuant to this section does not give rise to civil liability except pursuant to Section 12-820.02.