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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
protection orders; modification; residence possession
Purpose
Requires a person who is granted exclusive use of a residence pursuant to an order of protection to notify the court if that person moves out the residence.
Background
A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act of domestic violence (A.R.S. § 13-3602). A party may also seek an emergency order of protection under specified circumstances (A.R.S. § 13-3624). A court will issue an order of protection if there is reasonable cause to believe that the defendant may have committed an act of violence or the defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists.
If a court issues an order of protection, the court has several options to limit contact between the parties. The court may grant one party 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 (A.R.S. § 13-3602).
At any time during the period during which the order of protection is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. If exclusive use of the home is awarded, the hearing must be held within five days from the date requested. After the hearing, the court may modify, quash or continue the order (A.R.S. § 13-3602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person who was granted exclusive possession of the parties' residence pursuant to an order of protection, including an emergency order, to provide the court written notice within five days if that person moves out of the house.
2. Requires, after the plaintiff provides notice to the court, that the court notify the defendant that the plaintiff has moved out of the residence and that the defendant has the right to request a hearing.
3. Allows a court to hold additional hearings, if requested in writing by a person who is under an order of protection or restrained from contacting the other party, when exclusive use of the home was awarded to one party and there are changed circumstances related to the primary residence.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Requires the court to provide notice to the defendant after it receives notice from the plaintiff that the plaintiff has moved out of the residence.
Amendments Adopted by Committee of the Whole
· Requires the notice that must be provided to the court when a party moves out of the home to be in writing.
Senate Action
JUD 2/6/20 DPA 6-1-0
Prepared by Senate Research
February 18, 2020
JA/kja