Temporary Court Orders
Injunction Against Harassment
A person may file a verified petition with the Town Magistrate for an injunction prohibiting harassment. A sample form is attached, which can be downloaded with Adobe Reader (.pdf file), filled out, and have ready for filing with the Court. A parent or guardian can file on behalf of a minor, and a third party can file on behalf of a person who is temporarily unable to request an injunction.
The petition form must be filled out completely and verified, and cannot be used against more than one defendant. If opposing parties both file a petition, the Court shall schedule a hearing before deciding whether to issue any injunctive relief, but it can include cross injunctions against harassment.
If the injunction is issued without a preliminary hearing, the defendant can request one within 10 days, and can further request a hearing for modification or quashing of the injunction one time while the injunction is in effect.
Any injunction is effective on service of the defendant, and is in effect for 12 months unless earlier modified by the Court. Injunctions are registered with the sheriff's office, and any peace officer can arrest a person, with or without a warrant, for disobeying or resisting an injunction, whether or not the violation occurred in the presence of the officer. Violation of the injunction can be a separate criminal charge under ARS 13-2810.
"Harassment" must be a series of acts over any period of time that is directed at a specific person, and that would cause a reasonable person to be seriously alarmed, annoyed or harassed, without any legitimate purpose. It is up to the filing party to allege and prove that the conduct constitutes harassment under the statute.
Beginning in 2001, an employer may file a petition against workplace harassment, on behalf of the employer, an employee ("person who is performing official work duties"), or any person who enters the employer's property. "Employer" includes private employers, political subdivisions of the state, and any school district. "Harassment" here is a single threat or act of physical harm or damage, or a series of acts over any period of time that would cause a reasonable person to be seriously alarmed or annoyed. If the employer knows that a person or group of persons are the target of the harassment, the employer should attempt to notify the person(s) that they are seeking an injunction on their behalf.
Order of Protection
These orders are found in ARS 13-3602 in the criminal codes, and include protection from acts of "domestic violence" (assault, endangerment, threatening, custodial interference, unlawful imprisonment, kidnapping, criminal trespass, criminal damage, violation of court order, disorderly conduct [noise, fighting, reckless display of firearm, abusive language], using telephone to terrify or intimidate, criminal harassment, stalking, or child/vulnerable adult abuse). It applies between spouses, persons living together, and family relatives. Police investigating a DV report can seize firearms, arrest both parties, and shall inform victims of rights to seek other protective orders and phone numbers for shelters and emergency services in the community. Persons charged with DV can elect to go into intensive probation, with restitution and possible fines, and complete a domestic violence offender treatment program. If the probation is successful, the court shall discharge the defendant and dismiss the proceedings, so that there is not a record of conviction.
A copy of a petition is attached, again in Adobe format. A court, on filing of a verified petition, may award exclusive use of the parties' residence to one party if there is evidence that physical harm may otherwise result, order a surrender of any firearms and prohibit any possession of them, and order a treatment program. The orders are in effect for 12 months, and there are hearings available to determine use of the home or modifications of the order. In addition, if there is an action pending in Superior Court for legal separation, maternity/paternity, dissolution, or annulment, the municipal court must not enter an order, but transfer the proceedings, including a transfer once such action is filed after the initial order is entered.
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