Restraining Orders

To get an injunction against harassment, you must show that the defendant has “harassed” you. For the purpose of an IAH, the law defines “harassment” as:

1. two or more acts over any period of time that:
   • is directed at a specific person;
   • serves no legitimate purpose; and
   • reasonably causes the victim to be seriously alarmed, annoyed or harassed;¹ or
2. one or more acts of sexual violence, which the law defines as committing one of the following acts even if there was no arrest or criminal prosecution:

• indecent exposure;
• public sexual indecency;
• sexual abuse;
• sexual conduct with a minor;
• sexual assault;
• unlawful sexual conduct by:
  • an employee of the probation department, juvenile court, or state correctional institution;
  • a peace officer;
  • a behavioral health professional;
• molestation of a child;
• bestiality;
• continuous sexual abuse of a child;
• violent sexual assault;
• voyeurism;
• unlawful disclosure of images depicting states of nudity or specific sexual activities;
• sexual extortion;
• kidnapping but only if there is the intention to inflict death, physical injury, or a sexual offense on the victim, or to otherwise aid in the commission of a felony;
• sex trafficking;
• surreptitious photographing, videotaping, filming or digitally recording or viewing;
• taking child for the purpose of prostitution;
• commercial sexual exploitation of a minor, sexual exploitation of a minor, luring a minor for sexual exploitation, or aggravated luring a minor for sexual exploitation;²

3. any contact if the respondent committed any of the following crimes against you:

• a “dangerous offense,” which the law defines as:
  • an offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument; or
  • intentionally causing serious physical injury;
• a “serious offense” or a “violent or aggravated felony,” which the law defines as:
  • aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument;
  • sexual assault;
  • violent sexual assault;
  • sexual conduct with a minor that is a class 2 felony;
  • molestation of a child;
  • continuous sexual abuse of a child;
  • sexual conduct with a minor under fifteen years of age;
  • child sex trafficking;
  • taking child for the purpose of prostitution;
  • commercial sexual exploitation of a minor;
  • sexual exploitation of a minor;
  • any dangerous crime against children;
  • arson of an occupied structure, jail, or prison facility;
  • armed robbery;
  • burglary in the first degree;
  • burglary in the first degree committed in a residential structure if the structure is occupied;
  • kidnapping;
  • dangerous or deadly assault by prisoner;
  • committing assault with intent to incite to riot or participate in riot;
  • drive by shooting;
  • discharging a firearm at an occupied residential structure;
  • participating in or assisting a criminal syndicate or leading or participating in a criminal street gang;
  • terrorism;
  • negligent homicide, manslaughter, and murder in the 1^st degree or 2^nd degree;
  • unlawful introduction of disease or parasite; or
• any offense in Title 13, Chapter 14 or Chapter 35.1 of the Arizona Criminal Code.³

Harassment may also include defamation against an employer, unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful business activity, and taking part in a secondary boycott.¹

¹ A.R.S. § 12-1809(T)
² A.R.S. §§ 12-1809(T); 23-371(J)
³ A.R.S. §§ 12-1809(T); 13-105(13); 13-706(F)