Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer. This is especially important if the harasser has a lawyer or if the case is going to trial. Even if the harasser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
Full Answer
One act of harassment will not be enough to get an order. There must be a series or pattern of acts before a judge will consider granting the order. The person filing the injunction is called the plaintiff. The person against whom the injunction is filed is called the defendant.
Your attorney can advise you whether to seek an injunction and which one. To find a qualified attorney, contact your local or state bar association. Because getting an injunction is complicated, you should think about hiring the attorney to represent you.
To get an injunction, you need to file several legal documents with the court and possibly attend a hearing. Note: If you are seeking a restraining order for harassment or domestic violence, the process is different. Courts have established specific procedures for getting restraining orders in these cases.
A person who believes their safety is in danger can ask the court for an Order of Protection or an Injunction Against Harassment. An Order of Protection is a legal order used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order.
There will be no jury, and the judge alone will look at the facts of a case and the applicable law to determine the outcome. Specifically, the judge will review testimony and evidence submitted by both parties, which typically comes in the form of: their own testimony.
The purpose of the injunction is to legally prevent that person from having contact with you by restricting him/her from your residence, car, place of employment, and/or other places the court finds necessary. He or she may also be ordered not to contact you by phone, in writing, by email, or in person.
An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.
The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who are or were dating. Harassment is defined as: “a series of acts over any period of time that is directed at a specific person….”.
This could affect your employ-ability. To get the order terminated, you need to file a motion. Once you’ve filed the motion, a hearing is held within a week.
An Order of Protection is a legal order used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, ...
You need to prove to the judge that what you’re accused of could not have occurred or did not occur. For example, if you were accused of harassing the person on the phone, obtain phone records to show that this did not happen. The final step is to hire an experienced defense attorney.
Unfortunately, the courts won’t hear both sides of the story until the order has been issued.
Judges don’t like to take chances when there is a chance for violence. They err on the side of caution and issue injunctions freely. It is easy to get one on very little evidence. This can be done by a disgruntled neighbor, a former boyfriend/girlfriend, an acquaintance or even a stranger.
The three-member attorney team at Burns, Nickerson & Taylor has a combined 75 years of legal experience. We charge reasonable rates and accept Visa, MasterCard, Discover, and American Express. We are available for weekend and evening appointments under special circumstances, and are conveniently located in midtown Phoenix.
An injunction against harassment prohibits a person from harassing, annoying or alarming another person. An injunction can be filed against neighbors, friends or strangers, as long as you have their name. One act of harassment will not be enough to get an order. There must be a series or pattern of acts before a judge will consider granting ...
If the judge grants the injunction, a member of the clerk’s staff will complete the paperwork for you. The defendant must be served with the injunction before it becomes effective. Court staff will explain how to have the defendant served.
Any injunction sought against a person who is less than twelve years of age must be filed in the Juvenile Court.
One act of harassment will not be enough to get an order. There must be a series or pattern of acts before a judge will consider granting the order. The person filing the injunction is called the plaintiff. The person against whom the injunction is filed is called the defendant.
An injunction against harassment can only be issued against one person. Each person you want to file against requires a separate petition. After you complete the paperwork, you will be scheduled before a judge who will review your petition and either grant or deny the injunction. In some cases, the judge may schedule a subsequent hearing ...
Injunctions Against Harassment. A civil order that does not depend upon relationships, and is available if the conduct of any person is "harassment" as defined by law. It is intended to prevent a person (defendant) from contacting you and/or any other protected persons included in a judge's order. A judge can also order ...
To file a motion to dismiss or quash an Injunction, you must go to one of the Protective Order Centers to complete a motion. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash.
Service of Petition and Injunction: If the judge signs the Injunction, you must give legal notice to the defendant through formal service of a copy of the Petition for Injunction Against Harassment and a copy of the signed Injunction. It is the plaintiff's responsibility to initiate the process of serving the defendant.
A judge can also order that the defendant not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence work, school or other locations.
If you qualify for a deferral or waiver of fees, you do not have to pay the Sheriff. As part of the paperwork you receive after completing a petition, you will receive a list of Law Enforcement Agencies that can serve the Injunction and their policies regarding service of Superior Court Injunctions Against Harassment.
A plaintiff may request that an Injunction Against Harassment be modified at any time during the term of the Injunction. Only a judge can modify an Injunction. To modify an Injunction, you must go to one of the Protective Order Centers to complete the appropriate paperwork.
A violation of an injunction is a first degree misdemeanor in Florida, which means it is punishable by up to a $1,000 fine, a year in jail and/or up to 12 months of probation, or a combination thereof.
After the hearing, the judge may deny the injunction, issue a temporary injunction, or issue a permanent injunction.
There are key differences in the types of injunctions that may change how you file the petition, as well as the information that is needed to provide the best opportunity for success. We can review your situation and ensure your petition is properly filed.
If an injunction is signed by a judge, a hearing must be scheduled and the violator would be served with: Copy of the Petition. Notice of the Hearing. Temporary Injunction. The person who files for the injunction needs to attend the formal hearing or the injunction gets dismissed.
What Happens if the Injunction is Violated? A violation of the injunction would turn this into a criminal process. There are several consequences for violating an injunction for protection against domestic violence. Doing so is a first-degree misdemeanor punishable by up to $1,000 in fines and up to a year in jail.
A domestic violence injunction will prevent that individual from continuing to commit acts of domestic violence and will give the victim temporary and exclusive use of the home. The injunction also forces the respondent to take abuse-intervention courses and to surrender any firearms or weapons they have to the police.
If you’re afraid for your safety and believe someone else is endangering you, it’s important to take the necessary steps to protect yourself by reaching out to an experienced injunction attorney who can review your case and help you determine what you need to do to stay safe.
Some don’t know where they’ll go next or rely on the abuser to help pay their rent. Getting a domestic violence injunction against them isn’t always an easy first step.
In this situation, an injunction may be appropriate because the court cannot easily calculate the damage to your reputation.
An injunction is a court-ordered command to do something or, more often, to not do something. Typically, people bring lawsuits seeking money compensation; however, sometimes money compensation is inadequate to truly protect you. In these situations, you can seek an injunction from the court. To get an injunction, you need to file several legal ...
Typically, a preliminary injunction will last for the duration of trial, or at least until the lawsuit is resolved. A preliminary injunction can turn into a permanent injunction if you win your lawsuit.
Identify the different kinds of injunctions. There are three different kinds of injunctions, and you should understand them before you file for an injunction with the court. Each injunction commands the defendant not to do something, but they last for different amounts of time: Temporary Restraining Order.
The defendant’s date of birth (or a reasonable estimate) A specific statement listing all acts and approximate dates of harassment or sexual violence that the defendant has committed against you within the past year. Your address and telephone number so the court can contact you if the defendant requests a hearing.
There is no fee to file a petition for an IAH, but there is a fee to have it served on the defendant (the person from whom you are seeking protection), with 2 exceptions: If the order is based on a dating relationship or on sexual violence, then there is no fee to have the IAH served on the defendant. You can ask the judicial officer ...
But a person can apply for an IAH based on one act of sexual violence as defined in A.R.S. § 23-371.