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EspañolWhat is the legal definition of harassment?
To get an injunction against harassment (“IAH”), you must show that the defendant has harassed you. For the purpose of an IAH, the law defines “harassment” as:
- 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
- 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
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)
How long does an injunction against harassment last?
An IAH lasts for one year from the date the abuser is served with a copy of the injunction. If there are changes made to the injunction during the year that it is in effect, the changes become effective from the date the abuser is served with the new changed injunction. However, the changed injunction expires one year from the date the original injunction was served, not from the date the changed injunction was served.1 However, at any time while the injunction is in effect, the abuser can file a request for a hearing in order to oppose the injunction and ask the judge to dismiss it.2
For further information on hearings, how to have the defendant served, and what to do after you get the injunction, please see our section on Domestic Violence Orders of Protection.
1 A.R.S. § 12-1809(J)
2 A.R.S. § 12-1809(H)
What protections can I get in an injunction against harassment?
In an IAH, a judge may order that the abuser:
- stop harassing you;.
- stop contacting you or other people listed in your petition through telephone calls, letters, messages through someone else, personal contact, etc.;
- stay away from the home, place of employment or school of you or anyone named in the petition; and
- the judge can order any other relief necessary for the protection of the you or anyone named in your petition.1
If the abuser violates any of these terms, it may be a crime and may result in the abuser’s arrest.2
1 A.R.S. § 12-1809(F)
2 A.R.S. § 12-1809(I)
What types of injunctions against harassment are there? How long do they last?
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:
- 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
- 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)
