English
EspañolHow do I get an injunction against harassment?
The steps for getting an injunction against harassment (IAH) are similar to the steps for getting an order of protection. However, instead of proving domestic violence, you have to prove that the defendant harassed you. Also, there is no option to ask law enforcement to file for an emergency IAH as there is for an emergency order of protection due to domestic violence.
When filing for the injunction, you must tell the court if there are or were any other court proceedings regarding the defendant’s harassment towards you or any other injunctions in effect.1
1 A.R.S § 12-1809(B)
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 on an ex parte basis, which means the abuser (defendant) would not be present in court.1 To read about when a judge will issue an ex parte order, go to What types of injunctions against harassment are there? How long do they last? 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 If this happens, you will have to face the abuser in court at that hearing.
Also, the judge might decide not to grant the injunction immediately on an ex parte basis. If that happens, the judge may be set a hearing within the next ten days where the defendant will have a chance to be heard before an injunction against harassment is issued.1 So, you might have to see the abuser in that scenario as well if s/he shows up to the hearing.
1 A.R.S. § 12-1809(E)
2 A.R.S. § 12-1809(H)
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)
