To get an injunction against harassment, will I have to face the abuser in court?
Maybe. 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) AND
- 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.
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)