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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DPA 4-2-1-0 | Third Read 26-3-1-0-0 |
SB 1723: domestic violence; release conditions
Sponsor: Senator Mesnard, LD 13
Committee on Judiciary
Overview
Expands requirements the court may add when issuing an order of protection, expands requirements for those released on bail who are charged with felony domestic violence and amends the considerations a court must make when awarding legal decision-making or parenting time in cases involving domestic violence.
History
If a court issues an order of protection, it may also add on certain conditions, as necessary, to include:
1) enjoining the defendant from committing a violation of one or more offenses of domestic violence;
2) granting one party the use and exclusive possession of the parties' residence;
3) restraining the defendant from contacting the plaintiff or other specifically designated persons;
4) granting relief that is necessary for the protection of the alleged victim; or
5) granting the plaintiff the exclusive care, custody or control of any animal or minor child of the plaintiff (A.R.S. § 13-3602).
Courts may require, as a condition of bail, electronic monitoring or a condition prohibiting the person from having any contact with the victim for any defendant charged with a sexual offense, an offense involving sexual exploitation of children or an offense involving child sex trafficking (A.R.S. § 13-3212).
Courts are prohibited from awarding joint legal decision-making if the court makes a finding of the existence of significant domestic violence or if the court finds, by a preponderance of the evidence, that there has been significant history of domestic violence. Courts are also directed to consider the safety and well-being of the child and of the victim of the act of domestic violence to be of primary importance when awarding legal decision-making (A.R.S. § 25-403.03).
Provisions
1. Allows the court, after issuing an order of protection, to require the defendant to provide identifying information to the plaintiff if, at a hearing, the plaintiff shows the defendant has a prior history of harming the plaintiff and there is reasonable cause to believe that without the aforementioned information physical harm would otherwise result. (Sec. 1)
2. Allows the court to add, as a condition of bail, electronic monitoring or a condition prohibiting the person from having any contact with the victim if the defendant is charged with a felony domestic violence offense that resulted in physical harm. (Sec. 2)
3. Restricts the court from awarding unsupervised parenting time if the court makes a finding of the existence of significant domestic violence or if the court finds, by a preponderance of evidence, that there has been a history of significant domestic violence. (Sec. 3)
4. Directs the court, during a legal decision making or parenting time proceeding in which it is determining whether significant domestic violence has occurred, to consider:
a. the seriousness of the particular act or acts of domestic violence;
b. the frequency or pervasiveness of the act or acts of domestic violence;
c. the amount of time since the act or acts of domestic violence occurred; and
d. the impact of the act or acts of domestic violence. (Sec. 3)
5. Directs the court to consider the safety and wellbeing of the child to be the controlling factor in any determination of legal decision-making or parenting time matter. (Sec. 3)
6. Defines significant domestic violence. (Sec. 3)
7. Makes technical and conforming changes. (Sec. 1, 2, 3)
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11. Initials NM SB 1723
12. 3/19/2026 Page 0 Judiciary
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