How do I get an injunction against harassment?
The steps for getting an injunction against harassment are similar to the steps for getting an order of protection. However, instead of proving domestic violence, you have to prove that the defendant harassed you. You need to be specific about how and when the defendant has harassed you.
You can get an ex parte injunction against harassment without giving prior notice to the defendant and without a hearing if you meet the following requirements:
- The court finds reasonable evidence of harassment during the year leading up to the filing of the petition (note: any time that the defendant has been incarcerated or out of this state shall not be counted) OR
- Good cause exists to believe that great or permanent harm would result if the injunction is not granted at that time (before the defendant or the defendant’s attorney can be heard in opposition).
- Also, you must show the court that either you tried to give notice to the defendant about the injunction OR you must have specific reasons as to why notice should not be given.1
If you get an ex parte injunction, the defendant is entitled to a hearing where he can oppose the injunction. He must request it in writing and you will be notified of the hearing date.2
If you do not meet all of the three requirements above, you can get an injunction against harassment only after giving notice to the defendant and after a hearing. Then the court can schedule a hearing within ten days with reasonable notice to the defendant.1 After you and the defendant present evidence, the judge will decide if you will get the injunction.
When filing for the injunction, you must tell the court if there are or were any other court proceedings regarding the defendant’s harassment towards you or any other injunctions in effect.3
1 A.R.S § 12-1809 (E)
2 A.R.S § 12-1809 (H)
3 A.R.S § 12-1809 (B)