Assigned to JUD FOR
COMMITTEE
Assigned to JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
protective orders; filing requirements
Purpose
Makes changes to service and filing of injunctions against harassment (IAH), injunctions against workplace harassment (IAWH) and orders of protection (OP).
Background
An OP is a civil court order issued to prevent continuing acts of family violence (A.R.S. § 13-3602). Such acts of violence include any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm or the abuse of a child. An OP is used for situations where the parties live together, have children together or have a qualifying familial relationship to one another (A.R.S. § 13-3601). If a court is closed for business, a party wishing to receive an OP may seek an emergency order from local law enforcement agencies which may be granted telephonically (A.R.S. § 13-3624).
An IAH is a civil order that does not depend upon familial relationships and is available if the conduct of any person is harassment. An IAWH is a civil order issued to protect employees at an employer's place of business. Only an employer or an authorized agent of an employer may file an IAWH (A.R.S. §§ 12-1809; 12-1810). The sheriff is required to maintain a central repository for IAHs, IAWHs and OPs for verification purposes.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
IAH, IAWH and OP Filing
1. Requires a plaintiff's contact information to be disclosed to the court for purposes of an IAH, IAWH and OP service, but prohibits such information from being listed on a petition.
2. Requires an affidavit, declaration, acceptance or return of service related to service of an IAH, IAWH or OP to be filed as soon as practicable within 72 hours and allows the filing to be done electronically.
3. Requires the court to register an IAH, IAWH or OP with the National Crime Information Center within 24 hours of filing.
4. Requires the Supreme Court, rather than a county sheriff, to maintain a central repository of filed orders.
5. Clarifies that an IAH, IAWH and OP expires if not served on the defendant within one year after the date the injunction or order is issued.
Service of OPs
6. Requires the court, after granting an OP, to provide the order to a law enforcement agency or constable for service.
7. Designates the appropriate body to complete the service depending on where the order originates.
8. Requires the agency or entity serving the order to provide confirmation of service to the plaintiff as soon as practicable.
9. Requires the agency or entity to notify the plaintiff and continue to attempt service if service cannot be completed within 15 days of the receipt of the order.
10. Removes the requirement for a law enforcement agency to request that a prosecutorial agency file charges for a violation of an OP.
11. Stipulates that an emergency OP expires at the close of the next judicial business day, or 72 hours after issuance, whichever is longer.
12. Requires the judicial officer who issues an oral emergency OP to document the issuance as soon as practicable.
13. Requires a law enforcement agency to register an emergency OP with the National Crime Information System as soon as practicable.
Miscellaneous
14. Defines victim notification system.
15. Makes technical and conforming changes.
16. Becomes effective on January 1, 2020.
House Action
JPS 2/7/18 DPA 8-1-0-0
3rd Read 2/15/18 57-0-3
Prepared by Senate Research
March 6, 2018
JA/lat