Rule 24 - Emergency Order of Protection(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, a justice of the peace, a 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.Formerly Rule 6 in part, added Sept. 5, 2007, effective 1/1/2008. Amended Sept. 16, 2008, effective 9/26/2008. Adopted on a permanent basis effective 9/3/2009. Amended on an emergency basis effective 9/30/2009. Amended June 30, 2010, effective on an emergency basis7/29/2010, adopted on a permanent basis9/1/2011. Amended on a permanent basis effective 9/2/2010. Amended Aug. 28, 2013, effective 1/1/2014. Renumbered Rule 24 and amended Aug. 27, 2015, effective 1/1/2016; amended August 27, 2019 1/1/2020; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.COMMENT
Regardless of the authorizing judicial officer's jurisdiction, the judicial officer may issue an Emergency Order of Protection using the superior court name and case number. Statute requires the law enforcement agency to file the Emergency Order of Protection and proof of service in superior court.