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Jurisdiction...

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uncut

Junior Member
What is the name of your state? Utah AND Arizona

A court in Utah issued a protective order against a person. However that person resided in Arizona at the time. Anyhow, the person "violated" the protective order from Arizona via the telephone.

Which state has jurisdiction to prosecute? Utah, probably, right? However, it's a simple offense and Arizona is not likely to extradite for it. Therefore, shouldn't Arizona have the right/need to prosecute? Thank you.
 


uncut

Junior Member
I think you misunderstood.

What were you told when you tried to file the complaint for this phone call?
The complaint was AGAINST my (AZ) friend and it was filed by the PD/prosecutor in the same city in Utah that the order was obtained in.
 

Some Random Guy

Senior Member
The Utah prosecutor can file charges and issue a warrant. If it is, as you claim, a non-extraditable charge, that just means that your friend should not visit Utah until the day he dies, since the warrant will stay out there forever.
 

CdwJava

Senior Member
The Utah court would have jurisdiction over the proceeding as the court order was issued, and the crime occurred there. However, the issue of good service might be in question given that service was made out of state. And, it is very unlikely that Utah will extradite from AZ for this offense.

- Carl
 

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