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Injunctions Against Harassment
A civil order that does not depend upon relationships, and is available if the conduct of any person is "harassment" as defined by law.
It is intended to prevent a person (defendant) from contacting you and/or any other protected persons included in a judge's order. A judge can also order that the defendant not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence work, school or other locations.
- Bring picture ID (if available).
- Your address information (house, work, schools, & other locations you wish to have protected).
- Defendant name, address, date of birth, social security number (if known), description & other useful information if known.
- Dates the incidents occurred and case numbers if applicable.
- If adding minor children, please provide their date of birth & social security numbers if known.
- Expect to be at the Court house for at least 2 hours.
- No Children allowed in court room.
Special procedures apply when the Plaintiff and/or Defendant are minors.
An Injunction Against Harassment is available if the conduct of any person is "harassment" as defined by Arizona law:
- The defendant can be anyone, whether or not related to you.
- The conduct can be any conduct which is harassment. Harassment is defined as a series of acts (at least two events) 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(S)).
When you arrive at the Protective Order 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 no fee to file a Petition for Injunction Against Harassment. 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 Harassment and you will need to arrange to have the Petition and Injunction served on the defendant. 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 judge signs the Injunction, you must give legal notice to the defendant through formal service of a copy of the Petition for Injunction Against Harassment and a copy of the signed Injunction. It is the plaintiff's responsibility to initiate the process of serving the defendant. You cannot serve these papers yourself. 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 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.
Injunctions Against Harassment are not valid until served on the defendant. The Injunctions Against Harassment must be served within one year of its issuance. Once served, an Injunctions Against Harassment is valid for one year from the date the Order is served.
Even if you initiate contact, the Defendant could be arrested for violating this protective order. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you.
If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues.
You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition.
If the Defendant disagrees with the Injunction Against 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 Harassment, the Defendant must go to one of the Protective Order Centers 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 may request that an Injunction Against 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 Protective Order Centers 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 may request that an Injunction Against 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 Protective Order Centers 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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