ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	Senate: JUD DPA 6-1-0-0 | 3^rd Read 28-2-0-0

---

SB 1441: protection orders; modification; residence possession

Sponsor:  Senator Farnsworth E, LD 12

Committee on Judiciary

Overview

Requires a person to notify the court, in writing, if the person moves out of their residence while an order of protection or emergency order of protection is in effect.

History

An order of protection or an emergency order of protection issued by a court can grant one party the use and exclusive possession of the parties' residence after showing there are reasonable grounds to believe that physical harm may otherwise result. The court can also restrain the defendant from contacting the plaintiff and going near the residence, place of employment, school of the plaintiff or other specifically designated locations or persons if there is reasonable cause to believe that physical harm can occur. (A.R.S. § § 13-3602, 13-3624)

While an order of protection is in effect, either party can provide a written request for one hearing. The hearing must be held within ten days from the date requested unless the court finds good cause to continue the hearing; however, if exclusive use of the home is rewarded, the hearing must be held within five days from the date requested, and at the earliest possible time. (A.R.S. § 13-3602)

Provisions

1. Stipulates if a person granted use and exclusive possession of the parties' residence moves out of the house while an order of protection is in effect, the person must file a written notice with the court within five days after moving out. (Sec. 1)

2. Requires the court, upon receiving the notification from the plaintiff, to provide the defendant notice of the following:

a) the plaintiff has moved out of the residence; and

b) the defendant has a right to receive a hearing. (Sec. 1)

3. Provides that upon written request of a party, the court can hold additional hearings if circumstances regarding exclusive use of the primary residence change. (Sec. 1)

4. States that if a person granted use and exclusive possession of the parties' residence moves out of the house while an emergency order of protection is in effect, the person must file a written notice with the court within five days after moving out. (Sec. 2)

5.

6.

7. ---------- DOCUMENT FOOTER ---------

8.                   SB 1441

9. Initials LC/IR         Page 0 Judiciary

10.

11. ---------- DOCUMENT FOOTER ---------