Restraining Orders

After the judge reviews your petition, you can get an ex parte injunction against harassment without giving prior notice to the defendant and without a hearing if you meet both of these requirements:

1. either of the following is true:
   • the judge believes there is 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 the 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; and
2. you must show the court that:
   • you tried to give notice to the defendant about the injunction; or
   • you have specific reasons as to why notice should not be given.¹

If an ex parte injunction is granted, the defendant is entitled to a hearing where s/he can oppose the injunction and ask the judge to dismiss it. The defendant must request the hearing in writing and you will be notified of the hearing date.²

If the judge does not issue an ex parte injunction, the court can schedule a hearing within ten days to decide whether to issue an IAH.  Reasonable notice must be given to the defendant so s/he can appear in court.¹ After you and the defendant present evidence at that hearing, the judge will decide if you will get the injunction.

¹ A.R.S § 12-1809(E)
² A.R.S § 12-1809(H)