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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
orders of protection; process servers
Purpose
Bars a private process server from serving an order of protection that grants one party the exclusive possession of a shared residence.
Background
If a court grants an order of protection, 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. After the order is granted, the court must provide the order to either: 1) a law enforcement agency or constable for service; or 2) a peace or correctional officer acting in the officer's official capacity or any person authorized by the Arizona Code of Judicial Administration (ACJA) to serve process which includes a sheriff, a sheriff's deputy, a constable, a constable's deputy, a private process server certified under the ACJA or any other person specially appointed by the court (ACJA Rule 4(d); A.R.S. § 13-3602).
A private process server is a duly appointed or certified officer of the court who may serve all writs, orders, pleadings or papers that are required or permitted by law to be served before, during or independently of a court action, except writs or orders requiring the service officer to sell, deliver or take into the officer’s custody persons or property or as may otherwise be limited by supreme court rule (A.R.S. § 12-3301).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a private process server from serving an order of protection that grants exclusive possession of the parties' residence to one party.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
JUD 1/21/26 DP 8-0-1-0
3rd Read 2/26/26 34-20-6
Prepared by Senate Research
March 6, 2026
KJA/KM/hk