domestic violence; firearm transfers

SB1378 - 572R - I Ver

REFERENCE TITLE:
domestic violence; firearm transfers

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1378

Introduced by

Senators Kuby: Alston, Gabald�n, Hatathlie, Miranda, Ortiz;� Representatives
Garcia, Gutierrez, M�rquez, Sandoval, Stahl Hamilton

AN
ACT

amending sections 12-284 and 13-3101,
Arizona Revised Statutes; amending title 13, chapter 36, Arizona Revised
Statutes, by adding section 13-3601.03; amending section 13-3602,
Arizona Revised Statutes; relating to firearms.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 12-284, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-284.

Fees

A. Except as otherwise provided by law, the clerk of
the superior court shall receive fees classified as follows:

Class������ Description������������������������������������������ Fee

A������ Initial case
filing fee��������������������������������������

������� Tax
case�������������������������������������������� $ �� 188.00

������� Filing
complaint, notice of appeal

�������

under section 12-904
or petition����������������������� 188.00

������� Filing
intervenor�������������������������������������� �� 188.00

������� Additional
plaintiffs���������������������������������� �� 188.00

������� Filing
foreign judgment�������������������������������� �� 188.00

������� Ownership
of real property becomes an

������� issue
plaintiff���������������������������������������� 188.00

������� Appellant

������� (except
under sections 12-1809 and 13-3602)��������� �� 188.00

������� Change
of venue to this county������������������������� �� 188.00

������� Petition
for change of name���������������������������� �� 188.00

������� Filing
a process server application�������������������� �� 188.00

B������ Subsequent
case filing fee�����������������������������������

������� Filing
answer, notice of appearance

�������

under section 12-907
or initial appearance������� $ �� 100.00

������� Additional
defendants�������������������������������� ���� 100.00

������� Notice
of appeal to appellate courts

������� (except
under section 12-2107)�������������������� ���� 100.00

������� Cross-appeal
by appellee (except under section

������� 12-2107)������������������������������������������ ����
100.00

������� Ownership
of real property becomes an

������� issue
defendant����������������������������������� ���� 100.00

������� Jurisdiction
exceeded appellee ������������������������������

������� (within
20 days of filing)������������������������ ���� 100.00

������� Response
to show cause that does one or more ����������������

������� of
the following:�����������������������������������������

������� 1. Requests
affirmative relief or

������� counterrelief���������������������������������������

������� 2. Attacks
the sufficiency of process

������� or
the proceedings����������������������������������

������� 3. Takes
other affirmative action���������������� ���� 100.00

C������ Initial case
filing fee��������������������������������������

������� Filing
petition for annulment������������������������� $�� 149.00

������� Filing
for dissolution/legal separation petition������ ��� 149.00

������� Petition
in formal testacy or appointment �������������������

������� proceeding����������������������������������������� ���
149.00

������� Application
for informal probate or informal�����������������

������� appointment���������������������������������������� ���
149.00

������� Petition
for supervised administration petition��������������

������� to
appoint guardian�������������������������������� ��� 149.00

������� Petition
to appoint conservator or make other����������������

������� protective
order����������������������������������� ��� 149.00

������� Opposing
petition in testacy or appointment �����������������

������� proceedings
or appointment of guardian or ����������������

������� conservator���������������������������������������� ���
149.00

������� Single
estate application or petition under������������������

������� title
14, chapter 3, section 14-3938��������������� ��� 149.00

������� Domestic
relations case for which a fee is not���������������

������� specifically
prescribed���������������������������� ��� 149.00

D������ Subsequent
case filing fee�����������������������������������

������� Filing
answer to annulment����������������������������� $�� 74.00

������� Filing
for dissolution/legal separation answer��������� ��� 74.00

������� Any
person opposing contested petition if no ����������������

������� prior
payment made���������������������������������� ��� 74.00

������� Postadjudication
petitions in

������� domestic
relations cases���������������������������� ��� 74.00

������� Postjudgment
activities in probate cases��������������� ��� 74.00

E������ Minimum
clerk fee��������������������������������������������

������� Filing
power of attorney������������������������������� $�� 30.00

������� Change
of venue to another county transmittal ���������������

������� fee������������������������������������������������� ���
30.00

������� Change
of venue to another county pursuant to ���������������

������� section
12-404 transmittal fee���������������������� ��� 30.00

������� Filing
transcript and docketing judgment from ���������������

������� any
courts������������������������������������������ ��� 30.00

������� Issuance
of writs of: attachment, execution, ���������������

������� possession,
restitution, prohibition and �����������������

������� enforcement
of order of judgment-garnishment�������� ��� 30.00

������� Certified
copy or abstract of marriage�����������������������

������� application
or license������������������������������ ��� 30.00

������� Certificate
of correctness of copy of record����������� ��� 30.00

������� Justice
of peace certificate��������������������������� ��� 30.00

������� Each
certificate of clerk to any matter in ������������������

������� clerk's
record not specifically provided������������ ��� 30.00

������� Filing
any paper or performing any act for which

������� a
fee is not specifically prescribed���������������� ��� 30.00

������� Subpoena
- (civil)������������������������������������� ��� 30.00

������� Research
in locating a document (per year or�����������������

������� source
researched)���������������������������������� ��� 30.00

������� Exemplification (per
certification)�������������������� ��� 30.00

������� Authentication
(per certification)��������������������� ��� 30.00

������� Seal
a court file�������������������������������������� ��� 30.00

������� Reopen
a sealed court file����������������������������� ��� 30.00

������� Retrieve
bank records���������������������������������� ��� 30.00

������� Reel
of film alpha index per year (plus per������������������

������� page
fee below)������������������������������������� ��� 30.00

������� Payment
history report��������������������������������� ��� 30.00

������� Certification
under one document certification��������� ��� 30.00

������� Civil
traffic appeal����������������������������������� ��� 30.00

F������ Per
page fee�������������������������������������������������

������� Making
copies (on appeal and on request) ��������������������

������� per
page��������������������������������������������� $��� .50

������� Making
extra copies per page����������������������������� ��� .50

������� Making
photographic or photostatic copies �������������������

������� per
page���������������������������������������������� ��� .50

������� Comparison
fee of papers furnished by applicant��������������

������� per
page���������������������������������������������� ��� .50

������� Alpha
index per page������������������������������������� ��� .50

G������ Special
fees�������������������������������������������������

������� Small
claim tax case����������������������������������� $�� 24.00

������� Marriage
license and return of a

������� marriage
license���������������������������������������� 83.00

������� Postage
and handling������������������������������������� �� 7.00

������� Notary
services���������������������������������������� �� 7.00

������� Stop
payment on check���������������������������������� ��� 16.00

B. The clerk of the superior court shall receive the
fees prescribed in subsection A of this section for the following services:

1. Making copies of papers and records required to
be made by the clerk on appeal
,
and copies of papers
and records in the clerk's office made on request in other cases
,

for each legal size page of original.

2. Making extra copies of the papers and records
mentioned
prescribed
in paragraph 1 of
this subsection, required or requested for each page of copy of such papers and
records.

3. In a clerk's office, in which a photographic or
photostatic method of recording is used or is available for use in cooperation
with other public offices, preparing copies
enumerated
prescribed
in paragraphs 1 and 2 of this subsection for each
page of copy or fraction of a page of copy.� Portions of several pages of
records may be combined in one page of copy. The clerk may prepare
an abstract of marriage in lieu of a reproduction of the recorded marriage
license. The fee shall apply to matters whether recorded in such
office by longhand, typing, electronic, photographic or photostatic methods.�
The fees for copies are exclusive of the fees for certification or
authentication.

4. Issuing a certificate as to official capacity of
a justice of the peace and affixing a seal to the certificate.

5. Each subpoena issued in a civil proceeding or
filing any paper or performing any act for which a fee is not specifically
prescribed by law, but the clerk shall not charge for the clerk's services in
administering the oath in connection with any affidavit, petition, letters or
other pleading or document that, after administration of the oath, is promptly
filed by the clerk and becomes a part of a case or matter of record in the
office of the clerk.

C. In addition to the fees required by subsection A
of this section, the clerk shall charge and collect a surcharge of
fifteen dollars

$15
for each filing of a
postadjudication petition in a domestic relations case for which a fee
presently is charged under class D in subsection A of this
section. The surcharge shall be used exclusively to fund domestic
relations education and mediation programs established pursuant to section 25-413. Each
month the clerk shall transmit the monies the clerk collects pursuant to this
subsection to the county treasurer for deposit in the domestic relations
education and mediation fund established
by

pursuant to
section 25-413.

D. Excluding the monies that are collected pursuant
to subsection C of this section, each month the clerk shall transmit seventy-five
percent of the monies collected for subsequent case filing fees for
postadjudication petitions in domestic relations cases under class D in
subsection A of this section to the county treasurer for deposit in the
expedited child support and parenting time fund established pursuant to section
25-412. The remaining twenty-five percent of the monies
collected pursuant to this subsection shall be distributed pursuant to section
12-284.03.

E. At the commencement of each action for annulment,
dissolution of marriage, legal separation, maternity or paternity, the
petitioner shall pay to the clerk of the court the initial case filing fee for
the action provided in subsection A of this section. At the time of
filing a response, the respondent shall pay to the clerk of the court the
subsequent case filing fee for the action provided in subsection A of this
section. In each county where the superior court has established a
conciliation court, the petitioner and respondent shall each pay to the clerk a

sixty-five dollar
$65
fee.�
The monies from the additional fee shall be used to carry out the purposes of
the conciliation court pursuant to title 25, chapter 3, article 7.

F. In garnishment matters:

1. A fee shall not be charged for filing an
affidavit seeking only the release of exempt wages.

2. A fee shall not be charged for filing a
garnishee's answer, for filing a judgment against the garnishee or for the
issuance or return of process incident to such a judgment.

3. For any contest
relating to or any controversion of a garnishment matter, unless the contesting
party has paid an appearance fee in that cause, the required appearance fee
shall be paid, except that the garnishee shall not pay a clerk's fee.

G. A person who is cited to appear and defend an
order to show cause shall not be charged an appearance fee. The
person may stipulate to or consent to the entry of an order without the payment
of an appearance fee. An appearance fee shall be paid if the person
is present in person or by an attorney and does one or more of the following:

1. Requests affirmative relief or counterrelief.

2. Attacks the sufficiency of process or the
proceedings.

3. Takes other affirmative action.

H. A petitioner shall not be charged a fee for
requesting an order of protection pursuant to section 13-3602 or an
injunction against harassment pursuant to section 12-1809.� A defendant
shall not be charged an answer fee in an order of protection action if the
defendant requests a hearing pursuant to section 13-3602, subsection
L
n
or in an injunction against
harassment action if the defendant requests a hearing pursuant to section 12-1809,
subsection H.

I. A person who files a registrar's order pursuant
to section 32-1166.06 shall not be charged a fee.

J. The clerk of the court shall charge and collect a

forty-six dollar
$46
filing
fee for a petition for emancipation of a minor filed pursuant to chapter 15 of
this title.� Each month the clerk shall transmit the monies the clerk collects
pursuant to this subsection to the county treasurer for deposit in the
emancipation administrative costs fund established
by
pursuant to
section 12-2456.

K. Except for monies that are collected pursuant to
subsections C, D, E and J of this section, the clerk of the superior court
shall transmit monthly to the county treasurer all monies collected pursuant to
this section for distribution or deposit pursuant to section 12-284.03.

L. The supreme court may increase the fees
prescribed in subsection A of this section in an amount not to exceed the
percent of change in the average consumer price index as published by the
United States department of labor, bureau of labor statistics
,

between that figure for the latest calendar year and the calendar year in which
the last fee increase occurred.
END_STATUTE

Sec. 2. Section 13-3101, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3101.

Definitions

A. In this chapter, unless the context otherwise
requires:

1. "Deadly weapon" means anything that is
designed for lethal use.� The term includes a firearm.

2. "Deface" means to remove, alter or
destroy the manufacturer's serial number.

3. "Explosive" means any dynamite,
nitroglycerine, black powder, or other similar explosive material, including
plastic explosives.� Explosive does not include ammunition or ammunition
components such as primers, percussion caps, smokeless powder, black powder and
black powder substitutes used for hand loading purposes.

4. "Firearm" means any loaded or unloaded
handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is
designed to expel or may readily be converted to expel a projectile by the
action of an explosive. Firearm does not include a firearm in
permanently inoperable condition.

5. "Improvised explosive device" means a
device that incorporates explosives or destructive, lethal, noxious,
pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure,
terrify or harass.

6. "Occupied structure" means any
building, object, vehicle, watercraft, aircraft or place with sides and a floor
that is separately securable from any other structure attached to it, that is
used for lodging, business, transportation, recreation or storage and in which
one or more human beings either are or are likely to be present or so near as
to be in equivalent danger at the time the discharge of a firearm occurs.�
Occupied structure includes any dwelling house, whether occupied, unoccupied or
vacant.

7. "Prohibited possessor" means any
person:

(a) Who has been found to constitute a danger to
self or to others or to have a persistent or acute disability or grave
disability pursuant to court order pursuant to section 36-540, and whose
right to possess a firearm has not been restored pursuant to section 13-925.

(b) Who has been convicted within or without this
state of a felony or who has been adjudicated delinquent for a felony and whose
civil right to possess or carry a firearm has not been restored.

(c) Who is at the time of possession serving a term
of imprisonment in any correctional or detention facility.

(d) Who is at the time of possession serving a term
of probation pursuant to a conviction for a domestic violence offense as
defined in section 13-3601 or a felony offense, parole, community
supervision, work furlough, home arrest or release on any other basis or who is
serving a term of probation or parole pursuant to the interstate compact under
title 31, chapter 3, article 4.1.

(e) Who is an undocumented alien or a nonimmigrant
alien traveling with or without documentation in this state for business or
pleasure or who is studying in this state and who maintains a foreign residence
abroad.� This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting
license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant
aliens who enter the United States to participate in a competitive target
shooting event or to display firearms at a sports or hunting trade show that is
sponsored by a national, state or local firearms trade organization devoted to
the competitive use or other sporting use of firearms.

(iii) Certain diplomats.

(iv) Officials of foreign governments or
distinguished foreign visitors who are designated by the United States
department of state.

(v) Persons who have received a waiver from the
United States attorney general.

(f) Who has been found incompetent pursuant to rule
11, Arizona rules of criminal procedure, and who subsequently has not been
found competent.

(g) Who is found guilty except insane.

(
h
) Who has
been convicted of either:

(
i
) A domestic
violence offense as defined in section 13-3601 if the offense involved a
dangerous crime against children as defined in section 13-705 or an
offense prescribed in section 13-1102, 13-1103 or 13-1104,
section 13-1202, subsection A, paragraph 1, section 13-1203,
subsection A, paragraph 1 or 3, section 13-1204, subsection A, paragraph
1, 2, 3, 4 or 7 or subsection B, section 13-1303, 13-1304 or 13-1406
or section 13-2904, subsection A, paragraph 1 or 6.

(
ii
) Any other
offense that was committed within or outside of this state and that involves
the use or attempted use of physical force or the threatened use of a deadly
weapon if section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6
applies to the relationship between the victim and the defendant.

(
i
) Who is
subject to an order of protection that was issued pursuant to section 13-3602
or a similar law in another jurisdiction, and the order was issued after the
person received notice and had an opportunity to participate in the
proceedings.�

8. "Prohibited weapon":

(a) Includes the following:

(i) An item that is a bomb, grenade, rocket having a
propellant charge of more than four ounces or mine and that is explosive,
incendiary or poison gas.

(ii) A device that is designed, made or adapted to
muffle the report of a firearm.

(iii) A firearm that is capable of shooting more
than one shot automatically, without manual reloading, by a single function of
the trigger.

(iv) A rifle with a barrel length of less than
sixteen inches, or shotgun with a barrel length of less than eighteen inches,
or any firearm that is made from a rifle or shotgun and that, as modified, has
an overall length of less than twenty-six inches.

(v) A breakable container that contains a flammable
liquid with a flash point of one hundred fifty degrees Fahrenheit or less and
that has a wick or similar device capable of being ignited.

(vi) A chemical or combination of chemicals,
compounds or materials, including dry ice, that is possessed or manufactured
for the purpose of generating a gas to cause a mechanical failure, rupture or
bursting or an explosion or detonation of the chemical or combination of
chemicals, compounds or materials.

(vii) An improvised explosive device.

(viii) Any combination of parts or materials that is
designed and intended for use in making or converting a device into an item set
forth in item (i), (v) or (vii) of this subdivision.

(b) Does not include:

(i) Any fireworks that are imported, distributed or
used in compliance with state laws or local ordinances.

(ii) Any propellant, propellant actuated devices or
propellant actuated industrial tools that are manufactured, imported or
distributed for their intended purposes.

(iii) A device that is commercially manufactured
primarily for the purpose of illumination.

9. "Trafficking" means to sell, transfer,
distribute, dispense or otherwise dispose of a weapon or explosive to another
person, or to buy, receive, possess or obtain control of a weapon or explosive,
with the intent to sell, transfer, distribute, dispense or otherwise dispose of
the weapon or explosive to another person.

B. The items set forth in subsection A, paragraph 8,
subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include
any firearms or devices that are possessed, manufactured or transferred in
compliance with federal law.
END_STATUTE

Sec. 3. Title 13, chapter 36, Arizona Revised
Statutes, is amended by adding section 13-3601.03, to read:

START_STATUTE
13-3601.03.

Domestic violence; prohibited possessor; firearm transfer order;
firearm disposal; immunity; search warrant; definition

A. At the time of sentencing, the
court shall inform, either orally or in writing, a person who is a prohibited
possessor as defined in section 13-3101, subsection A, paragraph 7,
subdivision (
h
) that the person is prohibited from owning
or possessing a firearm.� The court shall indicate on the record of conviction
that the conviction prohibits the person from possessing a firearm pursuant to
section 13-3101, subsection A, paragraph 7, subdivision (
h
) and section 13-3102, subsection A, paragraph 4 and order the
person to transfer all firearms that the person owns or possesses to the
appropriate law enforcement agency or a federally licensed firearms dealer
Within twenty-four hours after the court issues the order
.

B. The law enforcement agency or
federally licensed firearms dealer that takes possession of a transferred
firearm shall provide a proof of transfer to the person who surrendered the
firearm.� The proof of transfer shall include the name of the firearm owner or
possessor, the date of the transfer and the serial number and make and model of
the transferred firearm.

C. Within forty-eight hours
after the person is served with a transfer order, the person shall either:

1. Attest to the court that the
person did not own or possess any firearm at the time of conviction and does
not currently own or possess any firearm.

2. File a proof of transfer with the
sentencing court and attest to the court that all firearms owned or possessed
by the person were transferred to the appropriate law enforcement agency or a
federally licensed firearms dealer.

D. After providing notice to the
owner of a transferred firearm, the law enforcement agency or federally
licensed firearms dealer that receives a transferred firearm may dispose of the
firearm in accordance with state and federal law. The law
enforcement agency or federally licensed firearms dealer must provide all
monies received from the disposal of the firearm to the original firearm owner
except for any costs associated with taking possession, storing and disposing
of the firearm.�

E. A person who is subject to a
transfer order may not be prosecuted for possessing, carrying or transporting a
firearm if all of the following apply:

1. the person possesses the written
transfer order.

2. the firearm is unloaded.

3. The person is transporting the firearm
directly to the appropriate law enforcement agency or a federally licensed
firearms dealer.

F. If the petitioner or a peace
officer files an affidavit alleging that the person has failed to transfer a
firearm, the court shall determine whether probable cause exists to believe
that the person has failed to transfer a firearm that the person owns or
possesses. If the court finds that probable cause exists, the court
shall issue a warrant that describes the firearm possessed by the person and
that authorizes a search of the location where the firearm is reasonably
believed to be and the seizure of any firearm that is owned or possessed by the
person and discovered pursuant to the search. The Failure to comply
with the surrender of a firearm is grounds for the issuance of a search
warrant.

G. For the purposes of this section,
"domestic violence offense" means an offense involving domestic
violence as defined in section 13-3601.

END_STATUTE

Sec. 4. Section 13-3602, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-3602.

Order of protection; procedure; contents; firearm transfer;
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
n
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 order of protection was
issued before notice and a hearing at which the defendant had an opportunity to
participate and
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
or a federally licensed
firearms dealer
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

in accordance with the requirements
prescribed in subsection I of this section
.

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. If the court issues an order of
protection after notice and a hearing at which the defendant had an opportunity
to participate, The court shall prohibit the defendant from possessing or
purchasing a firearm and shall 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 or a federally licensed firearms dealer
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 transfer order.

I. If a defendant is ordered to
transfer a firearm to the appropriate law enforcement agency or a federally
licensed firearms dealer pursuant to subsection G, paragraph 4 or subsection H
of this section, all of the following apply:

1. The law enforcement agency or
federally licensed firearms dealer that takes possession of a transferred
firearm shall provide a proof of transfer to the defendant who surrendered the
firearm. The proof of transfer shall include the name of the firearm
owner or possessor, the date of the transfer and the serial number and make and
model of the transferred firearm.

2. Within forty-eight hours
after service of the transfer order, the defendant shall either:

(
a
) Attest to
the court that the defendant did not own or possess any firearm when the
defendant received the transfer order and does not currently own or possess any
firearm.

(
b
) File a
proof of transfer with the court and attest to the court that all firearms
owned or possessed by the defendant were transferred to the appropriate law
enforcement agency or a federally licensed firearms dealer.

3. After the order of protection
expires and on the defendant's request, the law enforcement agency or federally
licensed firearms dealer shall return any temporarily transferred firearm to
the defendant unless the order is extended or the defendant is otherwise
prohibited from possessing a firearm pursuant to federal or state law.� Before
returning a firearm to the defendant, the law enforcement agency or federally
licensed firearms dealer must conduct a check of available records and contact
the national instant criminal background check system to ensure that the
defendant is no longer prohibited from possessing a firearm pursuant to federal
or state law.

4. A defendant who is subject to a
transfer order may not be prosecuted for possessing, carrying or transporting a
firearm if all of the following apply:

(
a
) the
defendant possesses the written transfer order.

(
b
) the firearm
is unloaded.

(
c
) The
defendant is transporting the firearm directly to the appropriate law
enforcement agency or a federally licensed firearms dealer.

5. If the petitioner or a peace
officer files an affidavit alleging that the defendant has failed to transfer a
firearm, the court shall determine whether probable cause exists to believe
that the defendant has failed to transfer a firearm that the defendant owns or
possesses.� If the court finds that probable cause exists, the court shall
issue a warrant that describes the firearm possessed by the defendant and that
authorizes a search of the location where the firearm is reasonably believed to
be and the seizure of any firearm that is owned or possessed by the defendant
and discovered pursuant to the search. The Failure to comply with
the surrender of a firearm is grounds for the issuance of a search warrant.

H.
J.
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.
K.
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
L
of this section for service or to an entity that is
authorized in subsection
K
M
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.
L.
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.
M.
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.� 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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
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.
T.
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.
U.
A
person who is arrested pursuant to subsection
R
T
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.
V.
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.
W.
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.
X.
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.
Y.
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