!Creation Date: 09/16/22> <!Author: Arizona Legislative Council> <!Typist: dbupdate>
25-808. Preliminary injunction; temporary restraining order; effect
A. In an action to establish legal decision-making and parenting time for a child who was born out of wedlock, the clerk of the court shall issue, pursuant to an order of the superior court, a preliminary injunction that is directed to each party to the action if the petitioner has filed one of the following:
1. A copy of the birth certificate that lists the father as parent.
2. An affidavit or acknowledgement signed by the father admitting paternity.
3. An adoption order listing both parties as parents.
4. A court order establishing paternity.
B. The preliminary injunction shall contain the following orders:
1. That both parties are enjoined from all of the following:
(a) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.
(b) Removing any natural or adopted child of the parties then residing in this state from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.
(c) Removing or causing to be removed any child of the parties from any existing insurance coverage, including medical, hospital, dental, automobile or disability insurance.
2. That both parties maintain all insurance coverage in full force and effect.
C. The preliminary injunction prescribed in subsection A of this section shall include the following statement:
This is an official court order. If you disobey this order the court may find you in contempt of court. You may also be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. You or the other party may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person who brought this action, you must also file evidence with the law enforcement agency that this order was served on the other party. This court order is effective until a final order of paternity, legal decision-making or parenting time is filed or the action is dismissed.
D. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order. The order remains effective until further order of the court or the entry of paternity, legal decision-making or parenting time.
E. At the time of filing the petition for paternity, legal decision-making or parenting time, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for paternity, legal decision-making or parenting time. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for paternity, legal decision-making or parenting time. The petitioner shall cause a copy of the preliminary injunction to be served on the respondent with a copy of the summons and petition for paternity, legal decision-making or parenting time.
F. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.
G. The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed. A bond is not required unless the court deems it appropriate.
H. A temporary order or preliminary injunction:
1. Does not prejudice the rights of the parties or of any child that are to be adjudicated at the subsequent hearings in the proceeding.
2. May be revoked or modified before the final decree on a showing by affidavit of the facts necessary for revocation or modification of a final decree.
3. Terminates when the final order is entered or when the petition is dismissed.
I. A person who disobeys or resists a preliminary injunction in violation of subsection B, paragraph 1 of this section is subject to arrest and prosecution for interference with judicial proceedings pursuant to section 13-2810 and the following procedures apply:
1. Any party may cause a certified copy of the injunction and return of service on the other party to be registered with the sheriff having jurisdiction of the area in which the party resides. The party originally registering the injunction shall register any changes or modifications of the injunction with the sheriff. For enforcement by arrest and prosecution for interference with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final order is entered or the action is dismissed.
2. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this paragraph.
3. A peace officer making an arrest pursuant to paragraph 2 of this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.
4. A person arrested pursuant to paragraph 2 of this subsection may be released from custody in accordance with the Arizona rules of criminal procedure or other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.
5. The remedies provided in this subsection for enforcement of the preliminary injunction are in addition to any other civil or criminal remedies available, including civil contempt of court. The use of one remedy does not prevent the simultaneous or subsequent use of any other remedy.