(a) Authority to Issue an Emergency Order of Protection.
(1) In a county having a population of 150,000 or more, the presiding judge of the superior court in that county must make available on a rotating basis a judge, a justice of the peace, a magistrate, or a commissioner to issue an Emergency Order of Protection by telephone during hours that the courts are closed. See A.R.S. § 13-3624(A).
(2) In a county having a population of less than 150,000, any judge, justice of the peace, magistrate, or commissioner may issue an Emergency Order of Protection by telephone during hours that the courts are closed. See A.R.S. § 13-3624(A).
(b) Issuance. A judicial officer may issue an order in writing or orally:
(1) if a law enforcement officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence based on an allegation of a recent incident of actual domestic violence, or
(2) at the plaintiff's request upon finding that the plaintiff's life or health is in imminent danger. See A.R.S. §§ 13-3624(C) and (F).
(3) The availability of an Emergency Order of Protection is not affected by either party leaving the residence. See A.R.S. § 13-3624(G).
(c) Relief. When issuing an Emergency Order of Protection, a judicial officer may:
(1) enjoin the defendant from committing an act of domestic violence;
(2) grant one party exclusive use and possession of the parties' residence if there is reasonable cause to believe that physical harm may otherwise result;
(3) restrain the defendant from contacting the plaintiff or other specifically designated persons and coming near the residence, place of employment, or school of the plaintiff or other designated persons, if there is reasonable cause to believe that physical harm may otherwise result; or
(4) prohibit the defendant from possessing or purchasing a firearm for the duration of the order, after finding that the defendant may inflict bodily injury or death on the plaintiff. See A.R.S. § 13-3624(D).
(d) Service.
(1) A law enforcement officer who receives verbal authorization for an Emergency Order of Protection is required to:
(A) complete and sign the emergency order as instructed by the judicial officer;
(B) give a copy of the Emergency Order of Protection to the plaintiff or an appropriate third party;
(C) arrange for service upon the defendant; and
(D) file a certificate of service with the court and register the emergency order with the National Crime Information Center as soon as practicable. See A.R.S. § 13-3624(F).
(e) Duration. An emergency order expires seven calendar days after issuance. See A.R.S. § 13-3624(E). The plaintiff may file a petition for an Order of Protection on the next judicial business day.
(f) Documentation. The judicial officer who issues an oral Emergency Order of Protection must document the issuance of the order as soon as practicable.
Credits
Formerly Rule 6 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Amended on an emergency basis effective Sept. 30, 2009. Amended June 30, 2010, effective on an emergency basis July 29, 2010, adopted on a permanent basis Sept. 1, 2011. Amended on a permanent basis effective Sept. 2, 2010. Amended Aug. 28, 2013, effective Jan. 1, 2014. Renumbered Rule 24 and amended Aug. 27, 2015, effective Jan. 1, 2016. Amended Aug. 27, 2019, effective Jan. 1, 2020; amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, adopted on a permanent basis Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Rules Protective Order Proc., Rule 24, AZ ST RPOP Rule 24
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
