|
REFERENCE TITLE: child custody; preliminary injunctions |
|
State of Arizona Senate Fifty-second Legislature First Regular Session 2015
|
|
SB 1158 |
|
|
|
Introduced by Senator Burges
|
AN ACT
Amending title 25, chapter 4, article 1, Arizona Revised Statutes, by adding section 25-416; relating to legal decision-making and parenting time.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-416, to read:
25-416. Preliminary injunctions; effect
A. In all actions to establish legal decision‑making or pARENTING TIME, OR both, the clerk of the court pursuant to an order of the superior court shall issue a preliminary injunction directed to each party to the action that contains the following orders:
1. That both parties are enjoined from:
(a) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.
(b) Removing any natural or adopted child of the parties then residing in this state from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.
(c) Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance.
2. That both parties shall maintain all insurance coverage for the children who are the subject OF the petition in full force and effect.
B. The preliminary injunction MUST include the following statement:
Warning
This is an official court order. If you disobey this order the court may find you in contempt of court. You may also be subject to arrest and prosecution for interfering with judicial proceedings and any other crime THAT you may have committed in disobeying this order.
You or your spouse may file a certified copy of this order with your local law enforcement agency. YOU MAY OBTAIN a certified copy from the clerk of the court that issued this order. If you are the person who brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse.
This court order is effective until a final order relating to legal decision-making OR parenting time, or both, is filed or the action is dismissed.
C. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order. The order remains effective until further order of the court or the entry of final orders for legal decision‑making OR PARENTING TIME, or both.
D. At the time of filing the petition for legal decision-making or PARENTING TIME, OR both, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for legal decision-making OR PARENTING TIME, or both. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for legal DECISION‑making OR PARENTING TIME, or both. The petitioner shall serve a copy of the preliminary injunction on the respondent with a copy of the summons and petition for legal decision‑making OR PARENTING TIME, or both.
E. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.
F. A preliminary injunction:
1. Does not prejudice the rights of the parties or of any child that are to be adjudicated at the subsequent hearings in the proceedings.
2. Terminates when the final order is entered or when the petition for LEGAL decision-making OR PARENTING TIME, or both, is dismissed.
G. A person who disobeys or resists an injunction issued pursuant to this section is subject to arrest and prosecution for interfering with judicial proceedings pursuant to section 13‑2810 and the following procedures apply:
1. Any party may register a certified copy of the injunction and return of service on the other party with the sheriff having jurisdiction of the area in which the party resides. The party originally registering the injunction shall register any changes or modifications to the injunction with the sheriff. For enforcement by arrest and prosecution for interfering with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final order is entered or the action is dismissed.
2. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. The release procedures available under section 13‑3883, subsection A, paragraph 4 and section 13‑3903 do not apply to arrests made under this subsection.
3. A peace officer making an arrest pursuant to this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.
4. A person who is arrested pursuant to this subsection may be released from custody PURSUANT TO the arizona rules of criminal procedure or other applicable statute. An order for release, with or without an appearance bond, MUST include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.
5. The remedies provided in this subsection for enforcement of the preliminary injunction are in addition to any other civil or criminal remedies available, including civil contempt of court. The use of one remedy does not prevent the simultaneous or subsequent use of any other remedy.