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Legal Information: Arizona

Restraining Orders

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Laws current as of October 22, 2024

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)