Injunction Against Workplace Harassment
A civil order issued to protect employees at an employer's place of business. Only an employer or an authorized agent of an employer may file an injunction prohibiting workplace harassment.
A petition to the court for an Injunction Against Workplace Harassment must be filed by "an employer or an authorized agent of an employer." The Petition must allege at least one act of harassment and the date of occurrence. The employer or authorized agent must sign and swear or affirm the petition before a person authorized to administer an oath.
If the Court grants an Injunction Against Workplace Harassment, the Court may do any of the following:
- Restrain the defendant from coming near the employer's property or place of business and restrain the defendant from contacting the employer, or other person while that person is on or at the employer's property or place of business or is performing official work duties.
- Grant any other relief necessary for the protection of the employer, the workplace, the employer's employees or any person who is on or at the employer's property or place of business or who is performing official work duties.
When you arrive at the Law Library Resource Center, you will be required to complete the necessary paperwork using a computerized Domestic Violence prompt system. Court staff is available to help facilitate completion of the necessary paperwork and to direct you through the process of filing the paperwork. There is a $301.00 to file a Petition for Injunction Against Workplace Harassment. If you are unable to pay the fee at the time of filing the Petition, you may complete an Application to Defer the fees. Please allow at least two hours to complete the process and be prepared to describe all incidents between yourself and person from whom you are seeking protection. If you are seeking protection from multiple persons, you will be required to complete paperwork for each person.
After you complete the paperwork you will appear before a judge to give testimony regarding the incidents you have alleged in the petition. If the judge finds sufficient grounds, the judge will issue the Injunction Against Workplace Harassment and you will need to arrange to have the Petition and Injunction served on the defendant(s). Please be aware that not all requests are granted and some may require a court hearing with the person you are seeking protection from before issuance.
If the Injunction Against Workplace Harassment is granted, the employer or authorized agent must give legal notice to the defendant through formal service of a copy of the Petition for Injunction Against Workplace Harassment and a copy of the signed Injunction. It is the plaintiff's responsibility to initiate the process of serving the defendant. ONLY law enforcement or a registered process server can serve the Injunction Against Harassment. Private process servers and the Sheriff's Office's charge a fee to serve the papers. If you qualify for a deferral or waiver of fees, you do not have to pay the Sheriff. As part of the paperwork you receive after completing a petition, you will receive a list of Law Enforcement Agencies that can serve the Injunction and their policies regarding service of Superior Court Injunctions Against Workplace Harassment. After Law Enforcement or private process server serves the papers on the defendant, a certificate or affidavit of service will be filed by them with the court to prove that the defendant received notice of the court order.
Until the Injunction is served, you should keep an additional copy of the Injunction in your possession in order for law enforcement to complete service on the defendant if the defendant has not been served and comes near you. Call 911; explain that you have an Injunction and the defendant is approaching you, and that you also need the paperwork served. Have the law enforcement officer serve the defendant with your copy of the Injunction.
An Injunction Against Workplace Harassment is not valid until served on the defendant. An Injunction Against Workplace Harassment must be served within one year of its issuance. Once served, an Injunction Against Workplace Harassment is valid for one year from the date the Order is issued.
If the Defendant disagrees with the Injunction Against Workplace Harassment, he/she has the right to request a hearing which will be held within 10 business days after a written request has been filed in the court that issued the order.
To request a hearing on an Injunction Against Workplace Harassment, the Defendant must go to one of the Law Library Resource Center locations to complete a Request for Hearing form. A hearing date will be set and the plaintiff will be notified of the hearing.
If you live outside Maricopa County, you may download and complete the Notice of Hearing form that is located on the Court's website. You must follow the instructions set forth in the Procedures.
A plaintiff (the employer or authorized agent) may request that an Injunction Against Workplace Harassment be dismissed or quashed at any time during the term of the order. Only a judge can dismiss or quash an Injunction.
To file a motion to dismiss or quash an Injunction, you must go to one of the Law Library Resource Center locations to complete a motion. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. You will be required to appear before a judge and explain why you want to dismiss the Injunction. Please allow at least two hours for the entire process.
A plaintiff (the employer or authorized agent) may request that an Injunction Against Workplace Harassment be modified at any time during the term of the Injunction. Only a judge can modify an Injunction.
To modify an Injunction, you must go to one of the Law Library Resource Center locations to complete the appropriate paperwork. You will be required to provide identification to court personnel at the time you complete the paperwork. If the defendant has been served with the original Injunction but has not requested a hearing, you will be required to appear before a judge and explain why you want to modify the Injunction. If a modification is requested after a hearing has been held on the original Injunction, a hearing will be set and notice of the hearing must be given to the defendant.
Please allow at least two hours for the entire process.
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