Arizona Laws 13-719. Lifetime injunction; offenses; registration; previously sentenced defendants
A. At the time of sentencing, on the request of the victim or the prosecutor, the court shall issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of any of the following offenses, whether completed or preparatory:
Terms Used In Arizona Laws 13-719
- Conviction: A judgement of guilt against a criminal defendant.
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Dangerous offense: means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. See Arizona Laws 13-105
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
1. A dangerous offense as defined in section 13-105 that is a felony.
2. A serious offense or violent or aggravated felony as defined in section 13-706.
3. A felony offense included in chapter 14 or 35.1 of this title.
B. An injunction issued pursuant to subsection A of this section is effective immediately and shall be served on the defendant at the time of sentencing.
C. The court shall provide information to the department of public safety to register the injunction with the national crime information center and shall notify the victim of the injunction.
D. If the victim did not request an injunction at the time of sentencing pursuant to subsection A of this section or the sentencing occurred before September 24, 2022, the victim may submit a petition to the court requesting an injunction against a defendant who was sentenced for an offense listed in subsection A of this section, and the court may not charge a fee for filing the petition. A law enforcement agency shall serve an injunction issued pursuant to this subsection at no charge to the victim.
E. An injunction that is issued pursuant to this section does not expire and is valid for the defendant’s natural lifetime unless any of the following occurs:
1. The defendant makes a showing to the court that either:
(a) The victim has died.
(b) The conviction has been dismissed, expunged or overturned or the defendant has been pardoned.
2. The victim submits a written request to the court for an early expiration. The court may hold a hearing to verify the victim’s request to dismiss the injunction.
F. Notwithstanding any other law, a conviction that is set aside pursuant to section 13-905 or sealed pursuant to section 13-911 does not affect the validity of a lifetime injunction that is issued pursuant to this section and does not prohibit a victim from submitting a petition to the court requesting a lifetime injunction.