What is a Protective Order?

Also known as restraining orders, protective orders are orders from a court of law forbidding an individual from committing a specific act against another person. Violation of protective orders in Arizona may result in both civil and criminal charges against the defendant.

Arizona courts have the legal authority to issue three different kinds of protective orders. These include:

  • Injunctions against harassment.
  • Injunctions against workplace harassment.
  • Orders of protection.

If you are seeking a protective order against another person, please contact our law firm for legal assistance. Our highly rated legal team has years of experience representing clients in a number of legal matters, and we would be proud to represent your interests in these regards.

What is an Injunction Against Harassment?

Obtaining an injunction against harassment (IAH) can be a critical step towards safeguarding yourself and your family members from threats of harm, harassment, and intimidation within the legal parameters of Arizona family law. An injunction against harassment is a civil order that can be issued against an individual who is harassing or abusing you.

In most cases, an injunction against harassment is not for someone you are related to, married to, lived with, or romantically involved with. For these types of relationships, you may need to seek an order of protection. That said, sometimes Arizona law does allow for injunctions against harassment against relatives and others with close relationships to the plaintiff in limited circumstances.

Once an injunction against harassment has been granted by the courts and served to the defendant, it goes into full effect. The powers of an injunction against harassment include the following:

  •         Enables law enforcement to get involved if they suspect that the injunction against harassment order has been violated.
  •         It provides legal protection and legal recourse for the victim for one year after the order has been granted.
  •         Orders the defendant to immediately cease their actions of harassment, intimidation, or abuse.
  •         Prohibits the defendant from trying to contact or communicate with the plaintiff.
  •         Remains enforceable in any state.
  •         Restricts the defendant’s proximity to the victim, such as not allowing them near the victim’s place of employment or primary residence.

What is the Legal Definition of Harassment in Arizona?

You may file for an injunction against harassment if you can prove that the defendant has committed harassment as defined by Arizona law. You may also need to include evidence of harassment by sharing electronic communications.

Arizona law defines harassment as the following:

  •         Conduct that would alarm, annoy, or harass any reasonable person.
  •         Conduct that is directed at a specific person for a period of time.
  •         Conduct that serves no legitimate purpose other than to bother the victim in some fashion.

For harassment to be proved, two or more of the above must have occurred over a certain period of time. However, only one act of sexual violence or sexual harassment is required for a case to qualify for an injunction against harassment. This rule applies even when the defendant was not arrested or criminally prosecuted.

The following acts require only one instance of occurrence for a victim to secure an IAH:

  •         Continuous sexual abuse of a child.
  •         Indecent exposure.
  •         Kidnapping with the intent to cause serious bodily harm, sexual offense, or death.
  •         Molestation of a child.
  •         Public sexual indecency.
  •         Sex trafficking.
  •         Sexual abuse.
  •         Sexual extortion.
  •         Unlawful sexual conduct by a peace officer, behavioral health professional, or state correctional institution employee.
  •         Voyeurism.
  •         And more.

Can Minors Seek Injunctions Against Harassment in AZ?

If you are a minor suffering abuse or harassment, you require a parent, legal guardian, or person with legal custody of you to file for an injunction against harassment on your behalf. The adults will name themselves the plaintiff and you as the person entitled to legal protection.

It is possible to file an injunction against harassment against any individual age 12 and older. If the minor child is younger than age 12, an injunction against harassment will only be granted by the juvenile division of the Superior Court.

How to Get an Injunction Against Harassment?

Securing an injunction against harassment is fairly similar to the steps for obtaining an order of protection. However, instead of needing to prove domestic violence, you have to prove harassment. Your claim must be specific about how and when the defendant harassed you.

After you are sure that you qualify for an IAH, it is necessary to gather evidence to support your claims. Useful evidence may include witness statements, copies of harassing messages, detailed records of incidents, police reports, and photos or surveillance footage.

To begin the process, you must complete a petition for an injunction against harassment, which would then be filed in a court of law. If you retain the professional legal representation of an attorney, they can help by crafting your petition using the most persuasive evidence and information available to support your claim. The petition will include your personal information, the alleged harasser’s information, detailed descriptions of harassment, supporting evidence, and the relief you seek. A court clerk will assist you with filing the petition. In family law cases, there are generally no filing fees required to request or respond to a standard injunction against harassment.

Upon filing the petition for an IAH, you can request a temporary injunction against harassment. Your temporary IAH provides immediate legal protection while awaiting the hearing. Remember that just because the court has granted a temporary IAH does not mean that it will grant a permanent IAH.

Once the court has granted the temporary IAH, the papers must be served to the alleged harasser. Under Arizona law, an IAH only becomes effective once it has been served upon the defendant.

Then, attend scheduled courtroom hearings to present your case. Be prepared to provide supporting evidence. The attorneys for both parties may be in attendance during this hearing. The judge will consider all evidence presented over the course of the hearing and decide whether to issue a permanent IAH.

Schedule an In-Depth Consultation with Our Lawyers Today

If you are experiencing harassment, threats, or intimidation, you must take the necessary steps to ensure your safety and the safety of your loved ones. This may involve notifying the police and seeking protective orders against the alleged harassers. The process can feel overwhelming, especially when you are in a state of panic or disarray because of the harassment you have endured. For this reason — and so many others — it is highly recommended that you retain professional legal counsel.

Contact our law firm to schedule your initial consultation with our highly skilled legal staff today. You may reach us at 480-448-0608.