To get an injunction against harassment, will I have to face the abuser in court?
It is possible for a judge to give you an IAH without the abuser (defendant) being present in court. However, for the judge to issue an injunction against harassment without the defendant present, the judge must find:
- sufficient evidence that the defendant harassed you within the year before filing for the injunction; or
- that great or irreparable (permanent) harm will result if the injunction is not issued immediately (before the defendant has been given the chance to be heard in court) as well as one of the following:
- that you attempted to notify the defendant that you were seeking an injunction against him/her; or
- reasons why the defendant should not be notified before issuing the injunction against him/her.1
If the judge decides not to grant the injunction immediately, a hearing may be set within ten days and the defendant will have a chance to be heard before an injunction against harassment may be issued.1
1 A.R.S. § 12-1809(E)
Will the police serve the injunction against harassment on the abuser?
A police officer or correctional officer may serve the injunction but are not required to.1 Talk to the court clerk about who else can serve the injunction on the abuser.
1 A.R.S. § 12-1809(S)
Is there a fee to file or serve an injunction against harassment?
There is no fee when you file for an injunction but there could be a fee for serving the injunction on the defendant. However, there is no fee for service of the petition if the petition alleges that there was a dating relationship or sexual violence.1 The cost for service varies depending on the mileage involved and the number of attempts needed to attempt service. Some people may be able to get the service fee deferred or waived by the court. If you are a low-income person, be sure to tell this to the court and ask how to apply to get the fee waived.2
1 A.R.S. § 12-1809(D)
2Plaintiff’s Guide Sheet for Protection Orders (2013)
What happens if the abuser violates the injunction?
Violation of an IAH is a crime, and you can call the police if the abuser violates your IAH. S/he can be arrested for violating the order as well as for any crime s/he commits during that violation.1
1 A.R.S. § 12-1809(I)