ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
domestic violence and
protection orders
Eliminates
filing and appeal fees associated with domestic violence orders of protection
and injunctions against harassment, and clarifies requirements for registering
these orders.
Several
thousand requests for orders of protection and injunctions against harassment
are filed in Arizona courts each year, and the number is increasing. Currently, Arizona courts charge a $5 filing
fee for these types of requests. In
addition, fees are assessed for appealing these orders and injunctions.
An estimated $190,000 in filing fees for orders of
protection and injunctions against harassment are collected each year. The bulk of these monies are deposited with
county general funds; however, small percentages are directed toward specific
programs such as the drug and gang enforcement account, alternative dispute
resolution and the domestic violence shelter fund. None of these monies are deposited in the state general fund.
To improve services to domestic violence victims, the
Committee on the Impact of Domestic Violence and the Courts (CIDVC) indicates
that these fees should be eliminated.
CIDVC also indicates that some sheriffs’ offices refuse to register
orders of protection or injunctions against harassment that they believe were
improperly served. S.B. 1084 addresses
these concerns by eliminating fees and requiring sheriffs’ offices to register
orders and injunctions when they receive appropriate court documentation.
1. Eliminates fees for requesting domestic violence orders of protection and injunctions against harassment and fees for appealing and cross-appealing these orders and injunctions.
2. Prohibits charging a defendant who is under an order of protection or an injunction against harassment a fee for requesting a hearing.
3. Makes technical and conforming changes.
4. Provides for a general effective date.
Amendments Adopted by Committee
Eliminates the section of the bill relating to the misdemeanor charge for refusing to yield the use of a telephone in an emergency.
Senate Action
JUD 1/23/01 DPA 7-0-1-0
Prepared by Senate Staff
January 26, 2001