Injunction Against Harassment in Arizona

WE ARE ON YOUR SIDE!

Harassment should never be tolerated. Whether consistent harassment is coming from someone you’re close with, a coworker, or even a stranger, you deserve to feel safe in all different areas of your life. While there must be a specific relationship between the victim and defendant to obtain an Order of Protection in Arizona, an Injunction Against Harassment doesn’t have the same requirements.

If you are the victim of harassment, threats, intimidation, assault, etc., then filing an Injunction of Harassment may enable you to restrict contact and proximity with the individual who is harassing you.

Experiencing harassment can be emotional and overwhelming, and it may become necessary to take action to protect yourself and your family from further harm. To secure an Injunction Against Harassment for yourself and your family, you will want to enlist the services of a qualified Arizona attorney. The team here at The Valley Law Group can help you understand what protections are available, how to obtain the best protection for you, and how to enact your injunction legally. With countless years of experience shared between our team of Arizona family law attorneys, you can trust that we will find a legal solution to fit your unique circumstances. Contact us today for a free consultation to get started.

An Injunction Against Harassment is a legal court order that can be obtained by an individual looking to prevent another person from harassing, threatening, or intimidating them. Injunctions Against Harassment are most often used when the victim does not have a personal relationship with the defendant, but Arizona law does sometimes allow Injunctions Against Harassment against relatives and others with relationships.

Once an Injunction Against Harassment has been granted, its powers include the following:

• Ordering the defendant to immediately stop their actions of harassment
• Placing proximity restrictions on the defendant (such as not allowing them near the victim’s work or home)
• Prohibiting the defendant from trying to contact or communicate with the victim.
• Enabling law enforcement to get involved if they suspect the order has been violated
• Providing protection and legal recourse for the victim for a full year after the order has been granted
• Remaining enforceable in any state

If you are looking to obtain an Injunction Against Harassment, you must prove that the harassment that occurred fits the legal definition of the term. Arizona law defines harassment as any kind of conduct that fits these requirements:

• The conduct is directed at a specific person for any period
• The conduct would alarm, annoy, or harass a reasonable person
•  The conduct serves no legitimate purpose and is only done to bother the victim in some way

Orders of Protection and Injunctions Against Harassment are both legal protection orders offered by the state of Arizona to help victims of domestic violence, assault, harassment, and other potentially dangerous circumstances. The primary differences between the two orders are regarding the people and the harassing behaviors they prevent.

An Order of Protection is a specific type of protection order that is typically used in cases of domestic violence. To petition for an Order of Protection against someone, the defendant must participate in one of the listed relationships with the victim, as defined by A.R.S. 13-3601. The list includes close blood relatives, close blood relatives of the victim’s spouse, roommates and former roommates, and spouses and former spouses.

A victim may petition for an Order of Protection if the defendant:

• Harasses (in person or over the phone)
• Endangers
• Assaults
• Stalks
• Threatens or intimidates
• Unlawfully imprisons or kidnaps
• Abuses a child, the victim, or an adult
• Interferes with child custody
• Criminally trespasses
• Criminally damages property
• Interferes with legal proceedings

With an Injunction Against Harassment, the victim can only file for protection if they are experiencing harassment. Actions specifically directed at the victim which serve no legitimate purpose and are done to annoy, alarm, or disturb the victim in some way qualify as harassment. Further, an Injunction Against Harassment is typically filed when the victim doesn’t have a relationship with the defendant. Generally, if the victim and defendant are related or live in the same residence, the conduct is considered domestic violence, and an Order of Protection is needed instead.

Filing an Injunction Against Harassment is a relatively straightforward process.

To do so, you’ll follow these steps.

1. Ensure You and the Defendant Are Eligible

Before filing for an Injunction Against Harassment, you must ensure that the defendant and their actions are eligible for this kind of protection order. An Injunction Against Harassment only covers conduct that is annoying, alarming, or harassing an individual. Injunctions are primarily used when you don’t have a close relationship with the defendant harassing you. Discuss your situation with an attorney before filing to ensure an injunction fits your situation.

2. Complete a Petition for Injunction

After you’ve assessed your case with an attorney and determined that an Injunction Against Harassment is your best course of action, you’ll then need to complete a Petition for Injunction. In the petition, you’ll be required to include your basic personal information and contact details, the basic personal information and contact details of the defendant if they are known, a personal statement detailing the occurrences of harassment and their dates, and any potential relief you want to request from the court.

3. File Your Petition

Once you have completed the correct paperwork with the required information for your petition, you must then file it with the court. To file your petition for an Injunction Against Harassment in AZ, you’ll need to submit the petition to a magistrate, a justice of the peace, or a superior court judge; otherwise, it will not be considered for approval.

4. Final Decision Is Made

After you have officially filed your petition for an Injunction Against Harassment in Arizona, you’ll then need to wait for a judge to make a final decision. You may have to appear in front of the judge during the final hearing, at which they will announce their decision. If your petition is approved and the Injunction Against Harassment is granted, it will then become enforceable when your hearing ends. If your order is granted but the defendant appeals, you may have to return to court to argue that your injunction should stay in place.

If the defendant in your Injunction Against Harassment petition files an appeal because they disagree with the injunction, an appeal hearing will be held within 5-10 days of the appeal. You will be notified as soon as a date is set. It is crucial that you attend this hearing to prevent the dismissal of your injunction. At the hearing, both parties will state their arguments, and the judge will ultimately decide whether to modify the injunction, keep the injunction as-is, or remove it altogether.

If you are experiencing harassment or domestic abuse, your first step should be to ensure you are safe. In many cases, this may involve notifying the police. At this time, the court may issue a temporary restraining order or preliminary injunction meant to provide you with safety and peace of mind while your petition for injunction awaits a hearing date.

During this time, it is always best to have an experienced lawyer on your side. An Arizona family law attorney can assist you with creating and filing your petition for injunction and represent you throughout your case. Just a few of the ways that our team here at The Valley Law Group can assist you include the following.

Assess Your Case and Find Your Best Course of Action

Just as every relationship is unique, every case of harassment is unique. Because of this, it’s important to consult with a professional who can help you understand which course of action is right for you. Arizona offers multiple types of injunctions and protective orders, so working with one of our attorneys can ensure you choose the one that best fits your circumstances. If you’re looking for protection against harassment from someone you don’t have a close personal relationship with, an Injunction Against Harassment is likely a good fit.

Help You File an Injunction Against Harassment

The requirements for filing a petition and obtaining protective orders in Arizona can be complex, especially for those unfamiliar with the family court system. When you work with a firm of qualified family law attorneys like The Valley Law Group, you will build a better understanding of the various legal procedures necessary to file a successful petition for injunction. A skilled attorney can help you complete your documents and ensure they are submitted to the proper authority in a timely manner.

Represent You During Your Injunction Hearing

In some cases, the defendant may appeal the court’s decision to grant an Injunction Against Harassment or even object to the filed petition. In these cases, you must appear in court to present the judge with proof the injunction is valid. An attorney can help you gather evidence and witnesses, present that evidence to the judge, examine witnesses, and argue any statements made by the defendant.

Represent You During Subsequent Court Appearances

You may also need to appear in court if the defendant has violated your injunction and you’re looking to file for civil contempt. If this occurs, it’s vital that you seek help from an attorney who can help protect you and ensure the court pursues contempt charges against the defendant. Similarly, if the defendant appeals your injunction, you may need to return to court to re-state its purpose. Your attorney can assist you in building a compelling case to retain the injunction.

Harassment cases are taken seriously by the state of Arizona. Unfortunately, false accusations do occur, and an individual may try to file a protection order with fraudulent evidence. Fraudulent Injunctions Against Harassment can be difficult to work with and may hamper your access to parental rights or even your ability to perform necessary functions like finding a job.

Have you been falsely accused of harassment in the Phoenix area? We have experience working with defendants in these sensitive cases and can help you to preserve your clean record and freedom. Our attorneys can help you gather evidence and witnesses to refute the person’s claim, challenge their credibility in court, and prove the claim was unfounded. If the injunction is approved, an attorney can help you submit an appeal and argue for the injunction’s reversal.

No one should have to deal with behavior that makes them feel uncomfortable, afraid, or upset. Whether you’re facing consistent harassment or have been unjustly accused of harassment, the situation can negatively impact your life. The skilled team of Arizona family law attorneys at The Valley Law Group is dedicated to helping clients defend their rights.

We understand how frustrating and hurtful harassment-related situations can become—don’t go without the help of an attorney when you need it the most. We can work with you to find a solution that leaves you feeling safe, comfortable, and free from the stress that accompanies harassment.

For more information or to schedule a consultation, contact The Valley Law Firm.