Protection Orders

questions & answers

Question: I recently had to get an Injunction Against Harassment against someone. They set a court date to contest it. I went to court, but the defendant never showed up. The Injunction is still in place. Can the defendant ask for another court date or legally contest it again. They were notified of the court date, since they requested it, so the court labeled them as "did not appear and had notification of the hearing date and time". This has been a very stressful ordeal. I want to know if I can breathe again or if I can expect to have to go to court again if the defendant requests it.

Answer: Under A.R.S. 12-1809. Injunction against harassment; petition; venue; fees; notices; enforcement; definition H., it says: At any time during the period during which the injunction is in effect, the defendant is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a defendant shall be held within ten days from the date requested unless the court finds compelling reasons to continue the hearing. The hearing shall be held at the earliest possible time. An ex parte injunction that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the injunction. If you have any questions, you may want ton consult with an attorney.

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QUESTIONS

  • I recently had to get an Injunction Against Harassment against someone. They set a court date to contest it. I went to court, but the defendant never showed up. The Injunction is still in place. Can the defendant ask for another court date or legally contest it again. They were notified of the court date, since they requested it, so the court labeled them as "did not appear and had notification of the hearing date and time". This has been a very stressful ordeal. I want to know if I can breathe again or if I can expect to have to go to court again if the defendant requests it.

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