How do I get an injunction against harassment in Arizona?

Question

Accepted Answer

Any person may file a verified petition with a magistrate, justice of the peace, or superior court judge for an injunction prohibiting harassment — a parent, guardian, or custodian files on behalf of a minor, and a third party may request one for someone unable to do so . "Harassment" means either a series of acts directed at a specific person that would seriously alarm, annoy, or harass a reasonable person, that in fact does so, and that serves no legitimate purpose, or one or more acts of sexual violence as defined in section 23-371 . If granted, the injunction can bar the defendant from committing further acts of harassment, from contacting the plaintiff or other designated persons, and from coming near the plaintiff's home, workplace, school, or other designated locations, along with any other relief proper under the circumstances . An injunction against harassment is distinct from a domestic-violence protective order, because this section does not apply to protective orders against domestic violence .

How to proceed:

1. File the petition. The petition must be written and verified, and it must state the plaintiff's name, the defendant's name and address if known, a specific statement of the events and dates of the alleged harassment, any court with a prior or pending proceeding concerning the conduct, and the relief requested . Your address and contact information go to the court separately and are kept confidential rather than listed on the petition . Any court in the state may issue the injunction regardless of where you or the defendant are located , and the court must provide free forms to assist parties without counsel .

2. Fees. No fee may be charged for filing the petition, service fees may be deferred or waived (and cannot be charged at all if the petition arises from sexual violence as defined in section 23-371), and law enforcement cannot require advance payment for service .

3. Court review. The court reviews the petition, pleadings, and your evidence — including evidence of harassment by electronic contact or communication — to decide whether to issue the injunction without a further hearing . It must issue the injunction if it finds reasonable evidence of harassment during the year preceding filing (time the defendant was incarcerated or out of state does not count toward that year) or good cause to believe great or irreparable harm would result before the defendant can be heard, along with specific facts about your efforts to give notice or reasons notice should not be given . If relief is denied, the court may schedule a further hearing within ten days with notice to the defendant .

4. Service and duration. The injunction becomes effective on service of the injunction and petition on the defendant, expires one year after service, and lapses entirely if not served within one year of issuance . Depending on the issuing court, service may be made by the city police, constable, or sheriff on request .

5. Defendant's hearing right and enforcement. The defendant may request one hearing on written request at any time while the injunction is in effect, to be held within ten days absent compelling reasons, after which the court may modify, quash, or continue the injunction . A peace officer may arrest, with or without a warrant, anyone the officer has probable cause to believe has disobeyed or resisted the injunction in violation of section 13-2810 .