orders of protection; process servers

HB2048 - 572R - H Ver

House Engrossed

orders of protection;
process servers

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2048

AN
ACT

AMENDING SECTION 13-3602, ARIZONA REVISED
STATUTES; RELATing TO ORDERs OF PROTECTION.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3602, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3602.

Order of protection; procedure; contents; arrest for violation;
penalty; protection order from another jurisdiction; definition

A. A person may file a verified petition, as in
civil actions, 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 included in domestic violence.� If the person is a minor, the
parent, legal guardian or person who has legal custody of the minor shall file
the petition unless the court determines otherwise.� The petition shall name
the parent, guardian or custodian as the plaintiff and the minor is a specifically
designated person for the purposes of subsection G of this section.� If a
person is either temporarily or permanently unable to request an order, a third
party may request an order of protection on behalf of the plaintiff.� After the
request, the judicial officer shall determine if the third party is an
appropriate requesting party for the plaintiff.� For the purposes of this
section, notwithstanding the location of the plaintiff or defendant, any court
in this state may issue or enforce an order of protection.

B. An order of protection shall not be granted:

1. Unless the party who requests the order files a
written verified petition for an order.

2. Against a person who is less than twelve years of
age unless the order is granted by the juvenile division of the superior court.

3. Against more than one defendant.

C. The petition shall state the:

1. Name of the plaintiff. The plaintiff's
address and contact information shall be disclosed to the court for purposes of
service and notification. The address and contact information shall
not be listed on the petition. Whether or not the court issues an
order of protection, the plaintiff's address and contact information shall be
maintained in a separate document or automated database and is not subject to
release or disclosure by the court or any form of public access except as
ordered by the court.

2. Name and address, if known, of the defendant.

3. Specific statement, including dates, of the
domestic violence alleged.

4. Relationship between the parties pursuant to
section 13-3601, subsection A and whether there is pending between the
parties an action for maternity or paternity, annulment, legal separation or
dissolution of marriage.

5. Name of the court in which any prior or pending
proceeding or order was sought or issued concerning the conduct that is sought
to be restrained.

6. Desired relief.

D. A fee shall not be charged for filing a petition
under this section or for service of process. Each court shall
provide, without charge, forms for purposes of this section for assisting
parties without counsel. The court shall make reasonable efforts to
provide the appropriate information to both parties on emergency and counseling
services that are available in the local area.

E. The court shall review the petition, any other
pleadings on file and any evidence offered by the plaintiff, including any
evidence of harassment by electronic contact or communication, to determine
whether the orders requested should issue without further
hearing. The court shall issue an order of protection under
subsection G of this section if the court determines that there is reasonable
cause to believe any of the following:

1. The defendant may commit an act of domestic
violence.

2. 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 to consider a longer period.

F. For the purposes of determining the period of
time under subsection E, paragraph 2 of this section, any time that the
defendant has been incarcerated or out of this state shall not be counted.� If
the court denies the requested relief, it may schedule a further hearing within
ten days, with reasonable notice to the defendant.

G. If a court issues an order of protection, the
court may do any of the following:

1. Enjoin the defendant from committing a violation
of one or more of the offenses included in 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.� If the other party is
accompanied by a law enforcement officer, the other party may return to the
residence on one occasion to retrieve belongings. A law enforcement
officer is not liable for any act or omission in the good faith exercise of the
officer's duties under this paragraph.� While the order of protection is in
effect, if a party was granted the use and exclusive possession of the parties'
residence and subsequently moves out of the
house
residence
, the party must file a notice in writing with the
court within five days after moving out of the residence. After
receiving the notification from the plaintiff, the court shall provide notice
to the defendant that the plaintiff has moved out of the residence and of the
defendant's right to request a hearing pursuant to subsection L of this
section.

3. Restrain the defendant from contacting the
plaintiff or other specifically designated persons and from coming near the
residence, place of employment or school of the plaintiff or other specifically
designated locations or persons on a showing that there is reasonable cause to
believe that physical harm may otherwise result.

4. If the court finds that the defendant is a
credible threat to the physical safety of the plaintiff or other specifically
designated persons, prohibit the defendant from possessing or purchasing a
firearm for the duration of the order.� If the court prohibits the defendant
from possessing a firearm, the court shall also order the defendant to transfer
any firearm owned or possessed by the defendant immediately after service of
the order to the appropriate law enforcement agency for the duration of the order. If
the defendant does not immediately transfer the firearm, the defendant shall
transfer the firearm within twenty-four hours after service of the order.

5. If the order was issued after notice and a
hearing at which the defendant had an opportunity to participate, require the
defendant to complete a domestic violence offender treatment program that is
provided by a facility approved by the department of health services or a
probation department or any other program deemed appropriate by the court.

6. Grant relief that is necessary for the protection
of the alleged victim and other specifically designated persons and that is
proper under the circumstances.

7. Grant the plaintiff the exclusive care, custody
or control of any animal that is owned, possessed, leased, kept or held by the
plaintiff, the defendant or a minor child residing in the residence or
household of the plaintiff or the defendant, and order the defendant to stay
away from the animal and forbid the defendant from taking, transferring,
encumbering, concealing, committing an act of cruelty or neglect in violation
of section 13-2910 or otherwise disposing of the animal.

H. The court shall not grant a mutual order of
protection. If opposing parties separately file verified petitions
for an order of protection, the courts after consultation between the judges
involved may consolidate the petitions of the opposing parties for hearing.�
This does not prohibit a court from issuing cross orders of protection.

I. After granting an order of protection, the court
shall provide the order to a law enforcement agency or a constable as set forth
in subsection J of this section for service or to an entity that is authorized
in subsection K of this section to serve process. The agency or
entity serving the order shall provide confirmation of service to the plaintiff
as soon as practicable. If service of an order cannot be completed
within fifteen days after the agency or entity receives the order, the agency
or entity that is attempting service shall notify the plaintiff and continue to
attempt service. This notification may be completed by a victim
notification system, if available.

J. If the order of protection is provided to a law
enforcement agency or a constable, service of an order of protection is as
follows:

1. For each order of protection that is issued by a
municipal court, if the defendant can be served within that city or town, the
order shall be served by the law enforcement agency of that city or
town. If the order can be served in another city or town, the order
shall be served by the law enforcement agency of that city or town.� If the
order cannot be served within a city or town, the order shall be served by the
sheriff or constable of the county in which the defendant can be served.

2. For each order of protection that is issued by a
justice of the peace, the order of protection shall be served by the sheriff
or constable
of the county in which the defendant can
be served or by a municipal law enforcement agency.

3. For each order of protection that is issued by a
superior court judge or commissioner, the order of protection shall by served
by the sheriff or constable of the county where the defendant can be served.

K. In addition to persons authorized to serve
process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace
officer or a correctional officer as defined in section 41-1661 who is
acting in the officer's official capacity may serve an order of protection that
is issued pursuant to this section.�
A private process server
may not serve an order of protection that grants exclusive possession of the
parties' residence to one party.
� Service of the order of protection has
priority over other service of process that does not involve an immediate
threat to the safety of a person.

L. At any time during the period during which the
order 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.� No fee may be charged for requesting a hearing.� A hearing
that is requested by a party who is under an order of protection or who is
restrained from contacting the other party shall be held within ten days from
the date requested unless the court finds good cause to continue the hearing.�
If exclusive use of the home is awarded, the hearing shall be held within five
days from the date requested. The hearing shall be held at the
earliest possible time. An ex parte order that is issued under this
section shall state on its face that the defendant is entitled to a hearing on
written request and shall include the name and address of the judicial office
where the request may be filed. After the hearing, the court may
modify, quash or continue the order. If the exclusive use of the
home is awarded to the party, the court, on written request of a party, may
hold additional hearings at any time if there is a change in circumstances
related to the primary residence.

M. The order shall
include the following statement:

Warning

This is an official court
order. If you disobey this order, you will be subject to arrest and
prosecution for the crime of interfering with judicial proceedings and any
other crime you may have committed in disobeying this order.

N. An order of protection that is not served on the
defendant within one year after the date that the order is issued
expires. An order is effective on the defendant on service of a copy
of the order and petition. An order expires two years after service
on the defendant. A modified order is effective on service and
expires two years after service of the initial order and petition.

O. A supplemental information form that is used by
the court or a law enforcement agency solely for the purposes of service of
process on the defendant and that contains information provided by the
plaintiff is confidential.

P. Each affidavit, declaration, acceptance or return
of service shall be filed as soon as practicable but not later than seventy-two
hours, excluding weekends and holidays, with the clerk of the issuing court or
as otherwise required by court rule. This filing shall be completed
in person, electronically or by fax.

Q. The supreme court shall maintain a central
repository for orders of protection.� Within twenty-four hours after the
affidavit, declaration, acceptance or return of service has been filed,
excluding weekends and holidays, the court from which the order or any modified
order was issued shall enter the order and proof of service into the supreme
court's central repository for orders of protection. The supreme
court shall register the order with the national crime information
center. The effectiveness of an order does not depend on its
registration, and for enforcement purposes pursuant to section 13-2810, a
copy of an order of the court, whether or not registered, is presumed to be a
valid existing order of the court for a period of two years from the date of
service of the order on the defendant.

R. A peace officer, with or without a warrant, may
arrest a person if the peace officer has probable cause to believe that the
person has violated section 13-2810 by disobeying or resisting an order
that is issued in any jurisdiction in this state pursuant to this section,
whether or not such violation occurred in the presence of the
officer. Criminal violations of an order issued pursuant to this section
shall be referred to an appropriate law enforcement agency. The
provisions for release under section 13-3883, subsection A, paragraph 4
and section 13-3903 do not apply to an arrest made pursuant to this
section.� For the purposes of this section, any court in this state has
jurisdiction to enforce a valid order of protection that is issued in this
state and that has been violated in any jurisdiction in this state.

S. A person who is arrested pursuant to subsection R
of this section may be released from custody in accordance with the Arizona
rules of criminal procedure or any other applicable statute. An
order for release, with or without an appearance bond, shall include pretrial
release conditions that are necessary to provide for the protection of the
alleged victim and other specifically designated persons and may provide for
any other additional conditions that the court deems appropriate, including
participation in any counseling programs available to the defendant.� The
agency with custody of the defendant shall make reasonable efforts to contact
the victim and other specifically designated persons in the order of
protection, if known to the custodial agency, who requested notification
immediately on release of the arrested person from custody.

T. The remedies provided in this section for
enforcement of the orders of the court are in addition to any other civil and
criminal remedies available. The superior court shall have exclusive
jurisdiction to issue orders of protection in all cases if it appears from the
petition that an action for maternity or paternity, annulment, legal separation
or dissolution of marriage is pending between the parties.� A municipal court
or justice court shall not issue an order of protection if it appears from the
petition that an action for maternity or paternity, annulment, legal separation
or dissolution of marriage is pending between the parties. After issuance of an
order of protection, if the municipal court or justice court determines that an
action for maternity or paternity, annulment, legal separation or dissolution
of marriage is pending between the parties, the municipal court or justice
court shall stop further proceedings in the action and forward all papers,
together with a certified copy of docket entries or any other record in the
action, to the superior court where they shall be docketed in the pending
superior court action and shall proceed as though the petition for an order of
protection had been originally brought in the superior court. Notwithstanding
any other law and unless prohibited by an order of the superior court, a
municipal court or justice court may hold a hearing on all matters relating to
its ex parte order of protection if the hearing was requested before receiving
written notice of the pending superior court action.
No

an
order of protection shall
not
be
invalid or determined to be ineffective merely because it was issued by a lower
court at a time when an action for maternity or paternity, annulment, legal
separation or dissolution of marriage was pending in a higher
court. After a hearing with notice to the affected party, the court
may enter an order requiring any party to pay the costs of the action,
including reasonable attorney fees, if any. An order that is entered by a
justice court or municipal court after a hearing pursuant to this section may
be appealed to the superior court as provided in title 22, chapter 2, article
4, section 22-425, subsection B and the superior court rules of civil
appellate procedure without regard to an amount in controversy. No
fee may be charged to either party for filing an appeal.� For the purposes of
this subsection, "pending" means, with respect to an action for
annulment, legal separation or dissolution of marriage or for maternity or
paternity, either that:

1. An action has been commenced but a final
judgment, decree or order has not been entered.

2. A post-decree proceeding has been commenced
but a judgment, decree or order finally determining the proceeding has not been
entered.

U. A peace officer who makes an arrest pursuant to
this section or section 13-3601 is not civilly or criminally liable for
the arrest if the officer acts on probable cause and without malice.

V. A valid protection order that is related to
domestic or family violence and that is issued by a court in another state, a
court of a United States territory or a tribal court shall be accorded full
faith and credit and shall be enforced as if it were issued in this state for
as long as the order is effective in the issuing jurisdiction. For
the purposes of this subsection:

1. A protection order includes any injunction or
other order that is issued for the purpose of preventing violent or threatening
acts or harassment against, contact or communication with or physical proximity
to another person. A protection order includes temporary and final
orders other than support or child custody orders that are issued by civil and
criminal courts if the order is obtained by the filing of an independent action
or is a pendente lite order in another proceeding.� The civil order shall be
issued in response to a complaint, petition or motion that was filed by or on
behalf of a person seeking protection.

2. A protection order is valid if the issuing court
had jurisdiction over the parties and the matter under the laws of the issuing
state, a United States territory or an Indian tribe and the person against whom
the order was issued had reasonable notice and an opportunity to be heard.� If
the order is issued ex parte, the notice and opportunity to be heard shall be
provided within the time required by the laws of the issuing state, a United
States territory or an Indian tribe and within a reasonable time after the
order was issued.

3. A mutual protection order that is issued against
both the party who filed a petition or a complaint or otherwise filed a written
pleading for protection against abuse and the person against whom the filing
was made is not entitled to full faith and credit if either:

(a) The person against whom an initial order was
sought has not filed a cross or counter petition or other written pleading
seeking a protection order.

(b) The issuing court failed to make specific
findings supporting the entitlement of both parties to be granted a protection
order.

4. A peace officer may presume the validity of and
rely on a copy of a protection order that is issued by another state, a United
States territory or an Indian tribe if the order was given to the officer by
any source.� A peace officer may also rely on the statement of any person who
is protected by the order that the order remains in effect. A peace
officer who acts in good faith reliance on a protection order is not civilly or
criminally liable for enforcing the protection order pursuant to this section.

W. For the purposes of this section, "victim
notification system" means an automated system that may provide plaintiffs
and crime victims with an automated notification regarding the person's case.
END_STATUTE