House of Representatives

SB 1084

domestic violence and protection orders

Sponsors: Senators Richardson, Valadez, Aguirre, et al.

DP	Committee on Judiciary
DP	Committee on Counties & Municipalities
DP	Caucus and COW
X	As Transmitted to the Governor

SB 1084 eliminates several different fees associated with orders of protection and injunctions against harassment

History

Arizona has two different mechanisms for protecting persons who are the targets of domestic violence or harassment. One is an order of protection, the other is an injunction against harassment. Each has separate requirements for eligibility under the law. Persons who are eligible for an order of protection are those who are victims of domestic violence. An injunction against harassment protects persons who are not domestic violence victims, but who fear they may be harmed or seriously harassed by the person named in the injunction.

Provisions

· Eliminates fees for filing petitions for injunctions against harassment and orders of protection.

· Eliminates court fees for appeals or cross-appeals relating to cases granting or denying a petition for an order of protection, or in cases granting or denying an injunction against harassment or in cases quashing an order of protection or injunction against harassment.

· Stipulates that a defendant may not be charged a fee for requesting a hearing during the period during which an order of protection or injunction against harassment is in effect.

· Stipulates that sheriffs are to register injunctions against harassment and orders of protection upon receiving a copy of the order or injunction, and a copy of the affidavit or certificate of service of process or acceptance of service.

· Expands the effective period for orders of protection and injunctions against harassment to one year.

· Makes technical and conforming changes.

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45th Legislature

First Regular Session 2 April 27, 2001

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