Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2604
commission; review of laws
(NOW: judge; superior court; emergency orders)
Purpose
Specifies that, in counties with a population of fewer than 150,000 persons, any judge,
justice of the peace, magistrate or commissioner may issue emergency orders of protection by
telephone during the hours that the courts are closed.
Background
Emergency orders of protection are granted by a judge, justice of the peace, magistrate or
commissioner in writing, telephonically or via oral ex parte in instances that the officer has
reasonable grounds to believe that a plaintiff is in immediate and present danger of domestic
violence from a defendant where a statutorily designated relationship exists between the defendant
and the plaintiff. The emergency order of protection may include: 1) enjoining the defendant from
committing an act of domestic violence; 2) exclusive use of the home; 3) restraining the defendant
from contacting the plaintiff and coming near a place the plaintiff may reside; and 4) a prohibition
against the defendant's possession or purchase of a firearm for the duration of the order.
In counties with a population of more than 150,000 persons, the court must make an officer
of the court available to issue emergency orders by telephone when courts are closed. In counties
with a population of fewer than 150,000 persons, where an officer of the court is not required to
be on duty to issue emergency orders of protection outside of business hours, an officer of the
court may issue an emergency order by telephone and must comply with notification and filing
requirements (A.R.S. ยง 13-3624).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Specifies that, in counties with a population of fewer than 150,000 persons, any judge, justice
of the peace, magistrate or commissioner may issue emergency orders of protection by
telephone during the hours that the courts are closed.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
JUD 2/16/22 DPA/SE 9-0-0-1
3
rd
Read 2/24/22 58-1-0
Prepared by Senate Research
March 15, 2022
ZD/HW/sr