Injunctions Against HarassmentWhat is a protective order?
A protective order – often also known as a restraining order – is an order from a court of law forbidding a person from committing a specified act. Violation of a protective order may result in both civil and criminal charges.
What kinds of protective orders may an Arizona court issue?
Arizona courts may issue three kinds of protective orders:
• orders of protection
• injunctions against harassment
• injunctions against workplace harassment
What is an order of protection?
An order of protection (A.R.S. § 13-3602) is a court order restraining a person from committing an act of domestic violence.
Domestic violence takes multiple forms – both physical and psychological – and includes not only acts such as assault and sexual assault but also threatening and intimidating, stalking, and harassment.
Such an act is considered an act of domestic violence if any of the following apply:
• the victim (petitioner) and perpetrator (defendant) are married or were previously married or currently or previously resided in the same household
• the victim and the perpetrator have a child in common
• the victim or the perpetrator is carrying a child of the other
• the victim is related to the perpetrator or to the perpetrator’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law
• the victim is a child who currently resides or previously resided in the same household as the perpetrator and is related by blood to a former spouse of the perpetrator or to a person who currently resides or who previously resided in the same household as the perpetrator
• the victim and the perpetrator are currently or were previously in a romantic or sexual relationship
What is an injunction against harassment?
An injunction against harassment (A.R.S. § 12-1809) is a court order restraining a person from harassing another who is not and was not previously in a domestic relationship (as described above) with the harasser.
(An “injunction” is a court order that legally obligates a person to do or not do something. In the case of an injunction against harassment, it is a court order compelling one person not to harass another. When a person is ordered through an injunction not to engage in specified conduct, they are formally “enjoined” from engaging in that conduct.)
What is an injunction against workplace harassment?
An injunction against workplace harassment (A.R.S. § 12-1810) is a variation of the standard injunction against harassment which may be obtained by an employer in order to prevent harassment of the employer or any other person who enters the employer’s property or who is performing official work duties for the employer.
What constitutes “harassment”?
Conduct constituting “harassment” against which an injunction against harassment may be sought is a series of acts over any period of time that:
• is directed at a specific person
• would cause a reasonable person to be seriously alarmed, annoyed, or harassed
• in fact seriously alarms, annoys, or harasses the person and
• serves no legitimate purpose
What are some of the benefits of an injunction against harassment?
The benefits of an injunction against harassment include that it:
• legally restrains the perpetrator of harassment from contacting the victim of harassment, whether personally, electronically, or through a third party
• legally restrains the perpetrator of harassment from entering or coming near the home, workplace, or school of the victim of harassment, as well as any other specific locations identified on the court order
• provides the victim of harassment with legal recourse for a full year if the person against whom the injunction was issued engages in prohibited conduct
• permits any peace officer who has probable cause to believe that a person has violated the an injunction by engaging in prohibited conduct to arrest that person with or without a warrant and whether or not the violation occurred in the officer’s presence
What are some of the drawbacks of an injunction against harassment?
The drawbacks of an injunction against harassment include that it:
• does not guarantee the future safety of the victim (because just as the law against murder cannot prevent a person from deliberately killing another person, an injunctions against harassment cannot prevent a person from harassing another person)
• only remains in effect for one year
How do I ask a court to issue an injunction against harassment?
A petition for an injunction against harassment may be filed with any judicial officer – whether a magistrate, a justice of the peace, or a superior court judge – at any court in Arizona.
The petition – which must be verified (i.e., made under oath and penalty of perjury) – must contain each of the following:
1. the name and address of the plaintiff (if the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected)
2. the name and address (if known) of the defendant.
3. a statement describing specific events and the particular dates of the acts constituting the alleged harassment
4. the name of the court in which there was or is any prior or pending proceeding or order concerning the conduct that the petitioner wants to have restrained and
5. the specific relief requested (i.e., the particular conduct to be prohibited)
What factors will the court consider in determining whether or not to issue an injunction?
The court will 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, in order to determine whether it should issue the requested injunction without a further hearing. (The general rules of civil procedure which require that the defendant be provided with notice before an injunction will be issued – including Rule 65(a)(1) – do not apply.)
The court will issue the requested injunction if it finds reasonable evidence of the following:
• harassment of the plaintiff by the defendant during the year preceding the filing of the petition (any time that the defendant has been incarcerated or outside the state of Arizona is not counted for the purposes of determining this one-year period) or
• good cause to believe that great or irreparable harm will result to the plaintiff if the injunction is not granted before the defendant may be heard in opposition and
• specific facts attesting to efforts by the plaintiff to provide the defendant with notice or to reasons supporting a claim by the plaintiff that notice should not be given
May a court issue mutual injunctions against harassment?
No. A court may not grant a mutual injunction against harassment. However, if the parties separately file verified petitions for injunctions against harassment, then the court may consolidate those petitions and hold a single hearing and then issue cross injunctions against harassment.
What may the court enjoin a defendant from doing?
If the court decides to issue an injunction against harassment, it may do any of the following:
• prohibit the defendant from harassing the plaintiff
• prohibit the defendant from contacting the plaintiff or other specifically designated persons and from coming near the plaintiff’s residence, place of employment, or school or other specifically designated locations or persons
• grant any other relief it deems necessary and proper under the circumstances in order to protect the plaintiff and/or other specifically designated persons
When does an injunction against harassment go into effect?
An injunction against harassment goes into effect once the defendant against whom the injunction was issued is served with the court order. Once the court order has been served on the defendant, the injunction applies for twelve months (unless the defendant successfully disputes the injunction during that period).
May a defendant against whom an injunction against harassment is issued dispute the injunction?
Yes. At any time during the period during which the injunction is in effect, the defendant against whom the injunction was ordered is entitled to one review hearing upon written request.
If the defendant requests a hearing, the hearing must be held at the earliest possible time and no more than ten days from the date of the written request unless the court finds compelling reasons to postpone it.
Any injunction issued ex parte (without the defendant first having been served with notice of his right to appear and dispute the allegations contained in the petition) will state on its face that the defendant is entitled to a hearing on written request and it also will include the name and address of the judicial office where the request may be filed.
What may the court decide at a hearing requested by the defendant?
As a result of hearing requested by the defendant, the court may do one of three things:
• continue the injunction
• modify the injunction
• quash (remove) the injunction
To learn more about injunctions against harassment, please visit https://azcourthelp.org/browse-by-topic/protective-orders and/or any of the sources listed below.
Arizona Coalition to End Sexual and Domestic Violence – Arizona Order of Protection/Injunction Against Harassment Flowchart: http://www.azlawhelp.org/documents/OPP_Flowchart.pdf
Arizona Judicial Branch – Protective Order Forms: http://www.azcourts.gov/domesticviolencelaw/Protective-Order-Forms
Arizona Revised Statutes (A.R.S.) § 12-1809: https://www.azleg.gov/ars/12/01809.htm
City of Phoenix – Municipal Court Protective Orders: https://www.phoenix.gov/court/protection-orders
Maricopa County Superior Court – Protective Order Center: http://www.superiorcourt.maricopa.gov/SuperiorCourt/ProtectiveOrderCenter
I have an order of protection against my soon to be EX husbands sister. She constantly bad mouths me to my 2 children. She is causing unnesecary upset to them by making them feel they need to choose sides. Can I add my children to the protective order as people she can not have contact with?
I have a order of protection against my ex but he continues to stalk me and text me. What can I do about this? He has also placed a tracker on my car, recorded audio and video of me without my knowledge, tried to break into my apt, he is threatening me and won't leave me alone. I don't know what to do anymore. I have saved every email/text/voicemail his sent me. I need advice as to what I'm suppose to do. Also he has no address so there is nowhere to send the cops to.
are harrassment orders used to stop a party from defaming a persons character and to stop them from making false claims to various agencies?
can i get an order of protection aganst my daughter
I was contacted by the Sheriffs dept. and told an Order of Protection was served to me the past April. I was never served any documents or aware of this. How may I get a record (copy) of this service?
If someone is contesting a protection order for reasons not even listed on the form i filled out to get the order can it be overturned ?
I was recently in a relationship with a guy who was verbally and emotionally abusive. We were living together for about 3 months and he was always yelling at me and I was getting very scared. After he held me inside our apartment and refused to let me leave I finally got out and moved out. I tried to keep things civil. He moved to out of state but he says he will come back. He calls the house I am staying at several times a day. He breaks into my emails and talks to my friends. He threatens me and he gets very angry at times and calls me and says he will do stuff to me and he will do stuff to my friends . I was wondering what I could do. I am very stressed out and scared and I feel like it is getting worse and I need a solution. I looked up about an order of protection but Im not sure where to go and how to do it. Id like to stop him from contacting me, my family, and my friends. I feel that he may be emotionally unstable and have issues that could turn to violence. He says he is coming back to Arizona and I just want to protect myself, my family, and my friends.
MY 20 YEAR OLD DAUGHTER HAS AN ABUSIVE BOYFRIEND HE TRICKED HER INTO SELLING HER CAR . THE CAR WAS GREATLY UNDERSOLD . CAN I GET THIS CAR BACK? IS IT TOO LATE?
Should I seek counsel in a case where I ihave a protective order and defendant filed an answer with a lawyer?
We have a friend on our lease after 8 months of paying 0.00$ towards any bills her and her boyfriend moved out. Can we file a restraining order against them to keep them away from us our children and our home?
If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
He told me that I could actually get all the money I needed by using my home as collateral. . .
He told me that I could actually get all the money I needed by using my home as collateral. . .
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