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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
domestic violence; release conditions
Purpose
Requires a judicial officer to impose, where available, electronic monitoring as a condition of being released on bail or on the person's own recognizance if the person is charged with a domestic violence offense. Requires a defendant subject to an order of protection to provide identifying information to the plaintiff as outlined.
Background
Persons 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. If the court issues an order of protection, the court may: 1) enjoin the defendant from committing a violation of acts that constitute domestic violence; 2) 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; 3) restrain the defendant from contacting the plaintiff and from coming near the residence, employment or school of the plaintiff; 4) prohibit the defendant from possessing or purchasing a firearm for the duration of the order if a credible threat to the safety of the plaintiff is found; 5) require the defendant to complete domestic violence offender treatment; 6) grant the plaintiff exclusive custody of animals as outlined; and 7) grant other relief necessary for the protection of the victim (A.R.S. § 13-3602).
When appearing before a judicial officer, a person who is charged with a bailable offense must be ordered release pending trial on the person's own recognizance or on the execution of bail in an amount specified by the judicial officer. After providing notice to the victim, the judicial officer may impose certain conditions on the person who is released, including: 1) placement in the custody of a designated person or organization; 2) placement of restrictions on the person's travel, associates or place of abode during the period of release; 3) a requirement to deposit cash or other security with the clerk of the court; 4) a prohibition against the person possessing any deadly weapon, engaging in certain activities or indulging in drugs or alcohol; 5) a requirement that the person regularly report to an remain under the supervision of an officer of the court; and 6) imposition of any other conditions deemed reasonably necessary to assure appearance. In addition to these conditions, the judicial officer must also impose a condition of electronic monitoring if the defendant is charged with a felony sexual offense (A.R.S. § 13-3967).
Statute prohibits the court from awarding joint-legal decision making if it finds the existence of significant domestic violence or finds a significant history of domestic violence by a preponderance of the evidence. The court must consider evidence of domestic violence as being contrary to the best interests of the child and a rebuttable presumption exists that an award of sole or joint legal decision-making to the parent who committed the act of domestic violence is contrary to the child's best interests (A.R.S. § 25-403.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a court that has issued an order of protection against a defendant, on a showing that there is reasonable cause to believe that physical harm may otherwise result, to require the defendant to provide identifying information to the plaintiff, including the defendant's:
a) residence;
b) place of employment; or
c) vehicle information.
2. Requires a judicial officer to impose electronic monitoring, where available, and a no-contact order on a defendant who is charged with domestic violence and who is released on bail or on the person's own recognizance.
a) seriousness of the particular act or acts of domestic violence;
b) frequency or pervasiveness of the act or acts of domestic violence;
c) amount of time since the act or acts of domestic violence occurred; and
d) impact of the act of acts of domestic violence.
4. Requires the safety and well-being of the child to be the controlling factor in any determination of legal decision-making or parenting time matter.
5. Prohibits the court from considering the completion of outlined programs or classes as proof alone of rehabilitation, or as a rebuttal of the presumption that a joint decision-making award to the parent who has committed domestic violence is not in the best interest of the child.
6. Prohibits the court from awarding unsupervised parenting time if the court finds the existence of significant domestic violence or a significant history of domestic violence.
7. Defines significant domestic violence as including, but not limited to, the threatened, risked or inflicted physical injury or emotional trauma by a parent on a child or the other parent, or, an act or acts by a parent that involve the threat, use of brandishing of a firearm or other dangerous weapon to threaten or intimidate the child or the other parent.
8. Makes technical changes and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires the court, when determining whether significant domestic violence or a significant history of domestic violence has occurred, to consider the:
a) seriousness of the particular act or acts of domestic violence;
b) frequency or pervasiveness of the act or acts of domestic violence;
c) amount of time since the act or acts of domestic violence occurred; and
d) impact of the act of acts of domestic violence.
2. Requires the safety and well-being of the child to be the controlling factor in any determination of legal decision-making or parenting time matter.
3. Prohibits the court from considering the completion of outlined programs or classes as proof alone of rehabilitation, or as a rebuttal of the presumption that a joint decision-making award to the parent who has committed domestic violence is not in the best interest of the child.
4. Prohibits the court from awarding unsupervised parenting time if the court finds the existence of significant domestic violence or a significant history of domestic violence.
5. Defines significant domestic violence as including, but not limited to, the threatened, risked or inflicted physical injury or emotional trauma by a parent on a child or the other parent, or, an act or acts by a parent that involve the threat, use of brandishing of a firearm or other dangerous weapon to threaten or intimidate the child or the other parent.
Senate Action
JUDE 2/20/26 DPA 4-2-1
Prepared by Senate Research
February 24, 2026
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