Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations


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Response to show cause that does one or more. Requests affirmative relief or. Attacks the sufficiency of process.


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Petition in formal testacy or appointment. Application for informal probate or informal. Petition for supervised administration petition. Petition to appoint conservator or make other. Opposing petition in testacy or appointment. Single estate application or petition under. Domestic relations case for which a fee is not. Any person opposing contested petition if no. Postadjudication petitions in.

Change of venue to another county transmittal. Change of venue to another county pursuant to. Filing transcript and docketing judgment from. Certified copy or abstract of marriage. Each certificate of clerk to any matter in. Filing any paper or performing any act for which. Research in locating a document per year or. Reel of film alpha index per year plus per. Making copies on appeal and on request. Making extra copies per page. Making photographic or photostatic copies. Comparison fee of papers furnished by applicant. Alpha index per page.

Marriage license and return of a. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services:. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy.

Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document that, after administration of the oath, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk.

At the commencement of each action for annulment, dissolution of marriage, legal separation, maternity or paternity, the petitioner shall pay to the clerk of the court the initial case filing fee for the action provided in subsection A of this section. At the time of filing a response, the respondent shall pay to the clerk of the court the subsequent case filing fee for the action provided in subsection A of this section.

The monies from the additional fee shall be used to carry out the purposes of the conciliation court pursuant to title 25, chapter 3, article 7. A fee shall not be charged for filing an affidavit seeking only the release of exempt wages.

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A fee shall not be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that the garnishee shall not pay a clerk's fee.

A person who is cited to appear and defend an order to show cause shall not be charged an appearance fee. The person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid if the person is present in person or by an attorney and does one or more of the following:. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the emancipation administrative costs fund established by section The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.

Section , Arizona Revised Statutes, is amended to read:. The term includes a firearm. Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes. Firearm does not include a firearm in permanently inoperable condition. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.

This subdivision does not apply to:. The items set forth in subsection A, paragraph 8, subdivision a , items i , ii , iii and iv of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section Domestic violence; prohibited possessor; firearm transfer order; firearm disposal; immunity; search warrant; definition.

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The law enforcement agency or federally licensed firearms dealer that takes possession of a transferred firearm shall provide a proof of transfer to the person who surrendered the firearm. The proof of transfer shall include the name of the firearm owner or possessor, the date of the transfer and the serial number and make and model of the transferred firearm. Attest to the court that the person did not own or possess any firearm at the time of conviction and does not currently own or possess any firearm. File a proof of transfer with the sentencing court and attest to the court that all firearms owned or possessed by the person were transferred to the appropriate law enforcement agency or a federally licensed firearms dealer.

After providing notice to the owner of a transferred firearm, the law enforcement agency or federally licensed firearms dealer that receives a transferred firearm may dispose of the firearm in accordance with state and federal law. The law enforcement agency or federally licensed firearms dealer must provide all monies received from the disposal of the firearm to the original firearm owner except for any costs associated with taking possession, storing and disposing of the firearm.

A person who is subject to a transfer order may not be prosecuted for possessing, carrying or transporting a firearm if all of the following apply:. The person is transporting the firearm directly to the appropriate law enforcement agency or a federally licensed firearms dealer.

If the petitioner or a peace officer files an affidavit alleging that the person has failed to transfer a firearm, the court shall determine whether probable cause exists to believe that the person has failed to transfer a firearm that the person owns or possesses. If the court finds that probable cause exists, the court shall issue a warrant that describes the firearm possessed by the person and that authorizes a search of the location where the firearm is reasonably believed to be and the seizure of any firearm that is owned or possessed by the person and discovered pursuant to the search.

The Failure to comply with the surrender of a firearm is grounds for the issuance of a search warrant. Section , Arizona Revised Statutes, as amended by Laws , chapter , section 3, is amended to read:. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; firearm transfer order; immunity; search warrant. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence.

If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff.

For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection. Unless the party who requests the order files a written verified petition for an order. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court.

Name of the plaintiff. The plaintiff's address shall be disclosed to the court for purposes of service. If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected. On the plaintiff's request, the address shall not be listed on the petition. Whether the court issues an order of protection, the protected address shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. Specific statement, including dates, of the domestic violence alleged.

Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. A fee shall not be charged for filing a petition under this section or for service of process. On request of the plaintiff, each order of protection that is issued by a municipal court shall be served by the police agency for that city if the defendant can be served within the city.

If the defendant cannot be served within the city, the police agency in the city in which the defendant can be served shall serve the order. If the order cannot be served within a city, the sheriff shall serve the order. On request of the plaintiff, each order of protection that is issued by a justice of the peace shall be served by the constable or sheriff for that jurisdiction if the defendant can be served within the jurisdiction.

If the defendant cannot be served within that jurisdiction, the constable or sheriff in the jurisdiction in which the defendant can be served shall serve the order. On request of the plaintiff, each order of protection that is issued by a superior court judge or commissioner shall be served by the sheriff of the county. If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served shall serve the order. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel.

The court shall make reasonable efforts to provide to both parties an appropriate information sheet on emergency and counseling services that are available in the local area.

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The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following:. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period.

For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant. If a court issues an order of protection, the court may do any of the following:.


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  6. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings.

    A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result.

    If the order of protection was issued before notice and a hearing at which the defendant had an opportunity to participate and the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency or a federally licensed firearms dealer for the duration of the order.

    If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances.

    If the court issues an order of protection after notice and a hearing at which the defendant had an opportunity to participate, The court shall prohibit the defendant from possessing or purchasing a firearm and shall order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency or a federally licensed firearms dealer for the duration of the order. If a defendant is ordered to transfer a firearm to the appropriate law enforcement agency or a federally licensed firearms dealer pursuant to subsection G, paragraph 4 or subsection H of this section, all of the following apply:.

    The law enforcement agency or federally licensed firearms dealer that takes possession of a transferred firearm shall provide a proof of transfer to the defendant who surrendered the firearm.

    In a follow-up interview, the Clinical Professor of Law stated that children will not be placed with violent or abusive relatives, or, for example, relatives who may kidnap or otherwise pose a risk to the child, but a child may be placed with relatives of an abusive or violent parent, as long as the state believes that those relatives would provide a safe environment for the child 10 Apr. Further information on the outcome of a decision in which the child has a reasonable fear of physical violence or death at the hands of one parent could not be found among the sources consulted by the Research Directorate.

    The Marital and Domestic Relations statute of the State of Arizona includes the following information on the recognition of orders from other jurisdictions:. A court of this state shall accord full faith and credit to an order that is issued by another state, that is consistent with this chapter and that enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter Arizona , Sec. The Clinical Professor of law at the University of Arizona stated that the State of Arizona would honour an out-of-state custody order if it is a valid order, if there is no superseding order, and if there is reason to believe not honouring it would be a danger to the child 19 Mar.

    This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request. Marriage Dissolution Practice. Arizona Practice Series. New York City: Thomson Reuters.

    Clinical Professor of Law at the James E. Rodgers College of Law, University of Arizona. Telephone interview. United States. March Department of Health and Human Services. Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: Arizona - Child Protective Services, Department of Economic Security. Representatives of the following organizations could not provide information: Arizona - Department of Public Records; Arizona State University.

    Internet sites, including: ArizonasChildren. Log in. Remember Me.

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    Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations
    Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations
    Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations
    Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations
    Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations
    Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations
    Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations Arizona Revised Statutes Title 25 2013: Marital and Domestic Relations

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