Injunctions against Harassment and Orders of Protection can be issued and enforced by any court in Arizona regardless of the location of the plaintiff and defendant. They can be issued either ex parte (with only one person present) or after a hearing. Both are good for one year after service on the defendant. Only the judge can terminate or change them. Service of process charges may be deferred or waived depending on your financial circumstances. You may discuss this with the clerk when you visit the court to file the order or injunction.
Order of Protection
On July 18th, 2000, new laws affecting Orders of Protection went effect. The information below reflects these changes.
The purpose of an Order of Protection is to restrain another person from committing an act of domestic violence, as defined in AR.S.13-3601A.
To be granted an order, you must be one of the following:
- The relationship between the victim and the defendant is of marriage or former marriage or of persons residing or having resided in the same household.
- The victim and the defendant have a child in common.
- Pregnant by the defendant.
- Related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-Iaw, grandparent-in-Iaw, stepparent, step- grandparent, stepchild, step-grandchild, brother- in-Iaw or sister-in-Iaw.
- A child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
The clerks at any Justice Court will provide you with the Petition for Order of Protection. You may request that information regarding your current address, phone number and employment be kept confidential and not be disclosed to the defendant.
Injunction Against Harassment
The purpose of the Injunction Against Harassment is to restrain a person from committing acts of harassment. Harassment, as defined by A.R.S. 12-1809R,is a series of acts over any period of time directed at a specific person that would cause, or has caused, a reasonable person to be seriously alarmed, annoyed or harassed and that serves no legitimate purpose.
Justices of the Peace will sign Orders of Protection/Injunctions at any time during normal business hours. You do not need an appointment or prescheduled time though you should call the court in advance to confirm that the judge will be available when you wish to appear.
Injunction Against Workplace Harassment
The Injunction Against Workplace Harassment, which went into effect on December 31, 2000, is very similar to the more familiar "Injunction Against Harassment."
There are two basic differences between the regular injunction against harassment and the new workplace injunction. First of all, a person petitions for a regular injunction, whereas a business, or an authorized agent of a business or employer, petitions for a workplace injunction. Secondly, a regular injunction protects a person, and follows that person around, whereas a workplace injunction protects a place, stays at that place and protects employees, customers, visitors -whoever comes into that place.
