“Let’s face it, sometimes you get wrongfully accused of harassing someone. Perhaps it is a vendetta, a figment of the accuser’s imagination, or something else. […] The mere accusation, even if unfounded, can be devastating to your reputation and may imperil your chances of employment, could lead to the loss of your right to possess a firearm, [restrict] where and when you can go places, etc. (Note: These matters become public records that can be easily searched and identified.) For example, we often find that neighbors who become ‘unneighborly’ will seek an order restricting how close you can come to their home, and whether you are to stay away from certain ‘areas,’ etc. Additionally, if left unchallenged, then often the mere allegation that you violated the injunction against harassment may land you in custody.”
The “Injunction Against Harassment” is one of three types of restraining (or “protective”) order issued in Arizona. The title of the instrument is deceptive. Allegations by petitioners aren’t limited to harassment and may be of anything, including violent threat or assault, or even sexual violation.
An “Order of Protection” is what a complainant files against someone who shares a residence with him or her; an “Injunction Against Harassment” is what a complainant files if his or her relationship with the defendant is other than domestic (e.g., against a friend, neighbor, or stranger). Conduct alleged on either order may be identical.
It may also be false. Orders aren’t hard to obtain, including on the basis of exaggerations or outright fraud.
Here are some facts of which the recipient of an Arizona Injunction Against Harassment should be aware:
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Highlighted in this explanation from the Tucson City Court, which applies everywhere in the state of Arizona, is a statutory requirement that the judge who issued you an Injunction Against Harassment may have carelessly overlooked.
The injunction may be appealed, and an appeals hearing may be requested at any time during the order’s term of effect (one year). It need not be requested immediately. A.R.S § 12-1809(H). You must apply to be granted a hearing, and you must apply in writing. (Instructions appear at the top of the document’s first page.)
- Postponing the appellate procedure allows you more time to gather evidence and witness testimony, and save money to procure the services of a lawyer. Being issued an order of the court can be intimidating and bewildering, and a defendant’s impulse may be to drop everything and respond immediately. There’s much, however, to recommend deferment.
- Satisfaction of A.R.S § 12-1809(E) requires that the petitioner of the order must have presented to the judge “specific facts attesting to [his or her] efforts to give notice to the defendant or reasons supporting the plaintiff’s claim that notice should not be given.” This means if the petitioner of the order did not notify you prior to applying for an ex parte order from the court, and no good reasons were provided to the judge why you weren’t notified, then judicial approval of the order was against the law.
- Judicial derelictions are grounds for an order’s dismissal.
Restraining order defense may be a specialization of some criminal attorneys, and the defendant seeking legal counsel would do well to search for a specialist in his or her city online and/or call around.
Copyright © 2018 RestrainingOrderAbuse.com
*The author of this post successfully had an injunction against harassment dismissed last summer.
Todd Greene
May 14, 2018
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Todd Greene
May 14, 2018
From the Law Office of Rachelle S. Ferraro:
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Boss Daty
September 15, 2015
AGREED. These things are a complete joke especially the injunction against harassment. I’ve been issued two of them based on hearsay. The judge issued them without the petitioner every telling me that they were going to seek and injunction which is required by law. However, you are dealing with limp, lame, marginal performing judges (which is why they have made it up the big leagues being a civil judge for small municipality). if you appeal them the judge doesn’t have the courage to say he made a mistake. Also, remember, the injunction is based on hearsay and even if the judge won’t overturn it does NOT prove anything. i was recently issued on here in New Jersey from someone in AZ who said i was bothering them with emails (sometimes the truth hurts). My boss took to meet the county deputy who issued me the paperwork. My boss laughed. So did I. the injunction said i could not go near this persons place of work which in in Phoenix. WOW. Well seeing how I am 2500 miles away and have no intention to do so it is sort of pointless to issue an order like this. Moreover, these things are not permanent. They are good for a year. So a year plus one day I can go to this person places of work. Again, they are a joke. AZ is good at issuing these. The municipality judges in the surrounding phoenix area are all spineless and weak and afraid to make a fair legal decision. They would rather err on the side of caution no matter what even when nothing factual has been presented.
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Moderator
August 6, 2015
I’m thinking, M., that you could use your other email address as long as you enter a name. My suspicion is that if you leave the name line blank, WordPress fills in the name that you originally used. Try using the name you prefer with the old address.
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Moderator
August 4, 2015
That’s a great point. I revised.
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Miriam Hirshberger
August 6, 2015
Hey Todd. I am not getting any of your blogs or responses with my new email address so couldd you please use this one? Why is it even law educators think that notification mea s eig served papers? I thought they went to Law School? Two law firms state the plaintiffs need to show cause of great and irreparable harm. Now I ask u..how does a 66 year old woma. In a wheelchair present irreparable harm to a urly guy whohas assaulted people? Plus this guy said that the injunction against me would protect me from him .wrong wrong! Not only that butit could prevent me from becoming a citizen of Israel.Good night!
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