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Phoenix Injunction Against Harassment

Every person is entitled to their privacy, whether they may be young or old. This right should not be violated in any way because it puts that person at risk of physical, mental, and emotional trauma. However, there are cases where certain people harass others for nefarious purposes, and some would even go a step further to do it constantly, even if their victims told them to stop.

Phoenix Injunction Against Harassment Canva Golden Hammer and Gavel 300x165Fortunately, there are legal actions that victims can take to stop harassment, whether it may be at home or work. One of these actions is petitioning for an injunction against harassment or an order prohibiting the defendant from approaching or contacting the victim unless they wish to face criminal charges. However, how can a victim file for an injunction against harassment?

At The Law Office of Joshua A. Lopez, LLC, you can easily file for an injunction against harassment and understand how it works. Our experts have immense experience in dealing with all kinds of Phoenix injunctions against harassment cases and assisting clients in fighting for their rights. We will personalize the legal defense strategy we will use for the case and ensure you are ready for the court’s decision.

Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Injunction Against Harassment legal specialist.

Definition of Injunction Against Harassment

An injunction against harassment is a type of protective order that is issued against a person who is harassing or abusing you. This person must not be related to you or have no intimate relationship with you.

arrested and in handcuffsLike an order of protection, an injunction against harassment will prevent an abuser from committing further harassment. The court may add restrictions or relief in an injunction, such as preventing the abuser from contacting the victim and those listed in the petition. Should the abuser violate any relief under the injunction, they may be arrested. Injunctions usually last a year from the date the abuser receives the injunction.

If you are unsure if an injunction against harassment suits your situation, let our experienced criminal lawyers at The Law Office of Joshua A. Lopez, LLC take a look. We have vast experience in dealing with Phoenix injunctions against harassment cases. Our team will also provide you with resources to help you prepare for the hearing and give you legal advice so that you can decide accordingly if issues arise during the hearings.

Definition of Harassment in Arizona

Before an injunction against harassment can be requested from the court, the victim should show that they have been “harassed” by the defendant.

Under Arizona’s statute, harassment is defined as:

  • An act or acts done to a person without a legitimate purpose other than to cause serious alarm and annoyance;
  • An act or acts of sexual violence even if there is no arrest or prosecution. Some examples of sexual violence acts include sexual abuse, public sexual indecency, sexual extortion, voyeurism, and unlawful sexual conduct.

Harassment can also include defamation against another person, unlawful picketing, and participating in a secondary boycott.

The Law Office of Joshua A. Lopez, LLC can help you determine if your situation qualifies as harassment and clear any questions about the possible legal actions you can take if it is harassment.

Filing for Injunction Against Harassment

Filing for an injunction against harassment starts by filing a petition in court. The court will then schedule a hearing where the judge will review the evidence presented by both parties.

New Jersey Criminal Law AttorneysFor an injunction to pass, the judge must see sufficient proof that the defendant has harassed the victim within the year before the injunction was filed, and the victim is at risk of getting harmed if the injunction is not given immediately. Should the judge see no reason to approve the injunction immediately, a hearing will be set within 10 days, and the defendant can counter the injunction before it is issued.

If an injunction is granted, the court’s clerk will serve it to the defendant. A law enforcer or correctional officer can serve the injunction, but they are not required to do so.

A minor can request an injunction against harassment; however, they can only do so through their parent, legal guardian, or the person who has legal custody. The parent or guardian will represent the minor as the plaintiff, with the minor listed as the person entitled to the protection. On the other hand, it is allowed under the law to file an injunction against a minor if they are 12 years old and older. However, if they are younger than 12, the injunction can only be given by the juvenile division of the superior court.

If you are ready to petition for an injunction against harassment, let our legal experts on Phoenix injunction against harassment cases assist you. Our Phoenix, AZ family law firm will explain how the filing process and the hearing will work, preparing you and your petition accordingly. We will then represent you in court and do our best to get the desired result for your case. When the court approves the injunction, we will ensure it is served to the defendant accordingly.

Injunction Against Workplace Harassment

Arizona has a separate injunction for workplace harassment cases. In this injunction, an employer can file on behalf of the employee. Similar to an injunction against harassment, this injunction will prohibit a defendant from approaching or contacting the employer or the employees and prevent them from going near the workplace. The employer or assigned agent can file the petition to the court, and a hearing will take place to determine if the injunction must be given immediately or not.

Injunction against workplace harassment usually lasts one year from the date the abuser receives their copy of the injunction. During this time, the abuser can appeal against the injunction or seek a modification.

For this type of injunction, you can trust our experienced criminal lawyers to guide you through the proceedings and seek modifications if needed. If you are the defendant in the case, you can trust our team to help you understand the nature of the injunction so you can decide how to proceed. Our team promises to do everything in our power to get the best result for your case, and if the injunction is granted, ensure it is enforced and not violated.

Modifying and Appealing an Injunction Against Harassment

An injunction of harassment and an injunction against workplace harassment lasts a year from the date the abuser receives their copy of the injunction. Within the year, either party can seek the modification or dismissal of an injunction provided that they can present evidence to support their petition. A hearing will take place to review the evidence and see if there is a valid reason to approve the petition.

criminal defense attorney in New JerseyIf granted, a modified injunction will become effective from the date the abuser receives the new injunction. However, the duration of the revised injunction will expire one year from the date the original injunction was served.

Defendants will be given time to respond, review the amended petition, and provide the necessary allegations to counter the injunction. The injunction is dismissed if the plaintiff does not attend the hearing, but the other party does. The injunction stays if the defendant fails to attend the hearing or if neither party does not attend the hearing.

Whether you are the defendant or the plaintiff, The Law Office of Joshua A. Lopez, LLC is ready to help you seek the amendment or dismiss an injunction of harassment when the situation calls for it. Our team will assist you in fighting for your stance in court and provide the court with the proper evidence to decide in your favor. We can also explain the benefits of seeking an amended injunction or appeal against it, especially if a violation is reported.

Talk to Our Legal Experts Today

Phoenix Injunction Against Harassment joshlopez logo 1 300x66

If you are a victim of harassment or workplace harassment, you must be aware of the legal options that you can take to stop further action against you and your loved ones. An injunction can help reduce these instances, especially if the harassment is severe.

Let our experts in Phoenix injunction against harassment guide you through this critical process. We will do our best to make it as stress-free as possible and help you get the injunction recognized by all parties so you can feel safer in your home, your community, and your workplace.

Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Injunction Against Harassment legal specialist.