How Can an Injunction Against Harassment Protect You?

Arizona ranks in the top five states with the highest reported levels of domestic violence, and almost half of the state’s calls to the National Domestic Violence Hotline come from Phoenix alone. Family conflicts can certainly involve issues between spouses or intimate partners, but they also include conflicts between parents and adult children and siblings. Arizona’s domestic violence statute includes harassment, stalking, making threats, and recording someone without their knowledge. If you are experiencing any of these issues with someone in your family, you may be able to get an injunction against harassment or an order of protection, depending on the perpetrator’s relationship to the victim.

Key Differences Between an Injunction Against Harassment and an Order of Protection

Both an injunction against harassment and an order of protection can be helpful in keeping you safe from someone who is acting erratically, has threatened to cause you harm or has committed a crime against you. However, there are some key differences between these two options in regards to what situations qualify. An order of protection is only able to be granted against someone who you are related to, have lived with, or were married to. This includes romantic relationships as well as family relationships. For example, an adult child could get an order of protection against a parent. An injunction against harassment can be granted regardless of the relationship between the two parties.

The other main difference is what the defendant has been doing. To get an injunction against harassment, you must be able to show that the other party has engaged in repeated acts over a period of time that cause you to be concerned for your safety or annoyed. The person must also not have a legitimate purpose in their actions. For example, if a coparent is texting you about your children repeatedly, this may be annoying, but because it serves a legitimate purpose, it’s unlikely that an injunction against harassment would be granted. An order of protection, on the other hand, is for when someone has committed or is about to commit a crime against you. This can include making threats, stalking, or interfering with a child custody order, as a few examples.

Examples of Behaviors That Qualify as Harassment

When you’re dealing with a family conflict, whether that’s a divorce, a custody dispute, or another issue, emotions run high, and it’s easy to be annoyed with or worried about another person’s behavior. However, not all of these instances will meet the legal definition of harassment. Below are some examples of behaviors and actions that could mean you can petition for an injunction against harassment:

  • Repeated calls, texts, or messages that serve no legitimate purpose, especially if you have asked the person to stop
  • Following you around in public
  • Repeatedly showing up at your home, school or place of business
  • Making a false report about you to the police, CPS, or another social service agency
  • Asking others to follow you or contact you

If you’re not sure whether the behavior that you’re dealing with meets the legal definition of harassment, talking with an attorney can help you understand what’s happening and what your options are for dealing with it.

Requesting an Injunction Against Harassment

To request an injunction against harassment, you must file a petition with the court that states the name and addresses of both parties and the harassing behavior, including dates and times. A judge will review the petition and decide whether the actions described rise to the level of harassment and warrant an injunction. If it is approved, the other party will be served with the injunction and be required to abide by those terms.

If the injunction is granted, the person will be court-ordered to cease any harassing contact with you. An injunction against harassment is valid for one year but may be able to be renewed, depending on the circumstances.

The injunction does not go into effect until the day the defendant is officially served. It’s common for people to attempt to avoid being served as a way to avoid the injunction. If this happens, an attorney can help you determine your next steps.

The defendant also has the right to request a hearing on the injunction against harassment if they believe that it was granted unfairly. The hearing must be held within 10 days of the defendant’s request.

What Happens If Someone Violates an Injunction Against Harassment?

An injunction against harassment is a court order that requires the other person to stop these actions toward you. If they continue, they can be charged with a misdemeanor and potentially serve jail time. It’s important to document every violation with the police to ensure that there is a record. If you’re involved in a divorce or child custody case, this can help you show that the other party is not acting according to the court’s instructions. If you are concerned for your safety or the situation has escalated, an order of protection may be a necessary step.

Family conflicts can be stressful and emotionally draining, but you deserve to feel safe and live a life free from harassment. If you are navigating a scary situation and someone in your life won’t leave you alone, contact Arizona Family Law Attorneys to find out whether an injunction against harassment can help remedy the situation or what other options you may have. Call our Phoenix office at 480-448-0608.