An Injunction Against Harassment is a protection order filed by someone who is experiencing “Harassment” from an individual you are not related to or have never been intimate with or lived with at any time.
If you are experiencing harassment or an individual and would like to protect yourself, then you may need to file and an injunction against harassment.
Filing for an Injunction Against Harassment requires focus and understanding of the rules of filing. Below are some essential facts to know about filing a petition for an Injunction Against Harassment in Arizona.
For additional questions you don’t see below, contact Killham Law Office.
What is an Injunction Against Harassment?
An “Injunction Against Harassment” is available if the conduct of any person is defined as Harassment; as defined by Arizona law:
- The defendant is defined as a person who is not related to you and that you have never been intimately involved with, such as a girlfriend or boyfriend.
- Harassment is defined as a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose (A.R.S. 12-1809(R)).”
For more specific information about an Injunction Against Harassment, visit this page.
What’s the difference between an Order of Protection and an Injunction Against Harassment?
Order of Protection
This is usually filed by a Petitioner if the alleged defendant has a close relationship with the plaintiff. The alleged person can be a spouse, former spouse, someone you live with, a person you may expecting a child with, someone you already share a child with or a relative.
Injunction Against Harassment
This should be filed in cases where the parties are not related, have never lived together and are not involved in an intimate relationship. There must be a series of incidents involving harassment for there to be legal action taken.
Injunction Against Workplace Harassment
The Injunction Against Workplace Harassment is very similar to an “Injunction Against Harassment.” There are two basic differences between the regular injunction against harassment and the workplace injunction. A person petitions for a regular injunction, while a business or employer petitions for a workplace injunction. Also, a regular injunction protects and follows a person, whereas a workplace injunction protects a location and protects the business or employer, employees and any other person who enters the protected property.
How do I file for an Injunction against Harassment in Arizona?
You can visit the Protective Orders Center to complete your paperwork. Alternatively, you can fill the paperwork out online by visiting https://azpoint.azcourts.gov/. You will use a computerized system to document all your incidences of harassment. If you need assistance with completing the paperwork, there is court staff available to help you.
The paperwork is quite lengthy, so please give yourself at least two hours to complete the paperwork. Please fill in as many details as possible.
You may also use the Arizona Protective Order Initiation and Notification Tool (AZPOINT) to help you interview and fill out paperwork quickly. The platform will also help you accurately identify if you are eligible to send your petition to a judge. Your information will remain in the AZPOINT system for 90 days. If during those 90 days you wish to file the petition, you can.
Can I file an Injunction against Harassment against multiple people?
You can file an injunction against harassment for multiple people. However, you will need to file a Petition for each person separately.
Is there a fee for filing?
There is no fee for filing an Injunction Against Harassment in Arizona.
Does my petition go to a Judge?
Once you file your petition, you will appear before a judge to discuss the incidences documented in your petition. Should the Judge agree there is a need for protection, he/she will order the injunction against harassment.
Not all injunctions will be issued and, in some instances, the Judge may schedule a hearing with the person whom the petition is being filed against.
How long does it take to get an Injunction against Harassment?
You may be granted the order on the same day of filing if you are at risk of significant harm. Even if the court grants the Injunction Against Harassment, it must be served on the Defendant to be valid and enforceable.
How long will my Injunction Against Harassment last?
An Injunction Against Harassment in Arizona will last one year from the day the order was served. Under certain circumstances, the Injunction can be renewed for an additional year.
What do I need to bring with me to file an Injunction?
It is recommended that you bring the following:
- Photo ID
- Your address
- Information about the Defendant: name, address, date of birth, social security number (if known), description & any other information.
- List of the incident occurrences and their dates and case numbers is available
- If you are adding minor children, please provide their birthdate & social security numbers
- Prepare to be at the courthouse for at least two hours.
- Children are not allowed in the courtroom.
How will the Defendant know about the Order issued by the Court?
Once the judge orders an Injunction Against Harassment, you will need to make arrangements to have the Injunction served upon the Defendant.
What happens if I contact the person I filed an Order against?
If you (Petitioner) have to contact the defendant, they can be violating this protective order. However, if you contact the defendant when they have asked you not to, the defendant has the legal right to file their own protective order against you.
How can I get my personal belongings from the residence if I have been ordered not to return?
You are allowed to collect your personal items if you are accompanied by law enforcement. Normally, law enforcement will do a “civil standby” for no longer than twenty (20) minutes to allow the Defendant to collect their personal items.
I’m the Defendant. Can I request a Hearing if I have been served with an Order of Protection or Injunction Against Harassment?
Should the Defendant disagree with the protective order, he/she can request a hearing in court.
Contact Killham Law Office today to defend your rights if you have been served with an Order of Protection or Injunction Against Harassment.
Can I Dismiss the Order after it’s been filed?
Yes, a Petitioner may voluntarily Dismiss an Order after it has been issued and after it has been served.
Can I Modify an Injunction Against Harassment?
An Injunction Against Harassment in Arizona may be modified at any time. The Petitioner must appear before a Judge to modify any Order. In some cases, the Defendant may have been served a copy of the Injunction and has chosen not to request a hearing. In any case, the Petitioner will still need to appear before a Judge and explain why he or she is requesting a modification of the Injunction.
If a hearing has already been held regarding the validity of the Injunction and a Judge determines it to be valid, any modifications requested by either party will require a hearing.
In Arizona, where do I go to complete the paperwork to Obtain an Order of Protection or Injunction Against Harassment?
Orders of Protection and Injunctions Against Harassment can involve complex issues.
Have you been served with an Order of Protection or Injunction Against Harassment? Call below so Laura J. Killham to represent you today.