Permanent Injunction Order With Motion To Dismiss In Phoenix
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FAQ
A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. Only a judge can dismiss or quash an Order of Protection. To file a motion to dismiss or quash an Order of Protection, you must go to one of the Protective Order Centers to complete a motion.
In order to have an order of protection dropped, one must: Return to the county court where the petition for the original order was filed. Complete the necessary paperwork. Speak with the judge or another court officer prior to the order being vacated.
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
(1) The judicial officer must issue an Injunction Against Harassment upon finding: (A) reasonable evidence that the defendant has committed harassment as defined in Rule 3(c), against the plaintiff, and that the defendant committed the most recent act of harassment against the plaintiff during the year preceding the ...
The plaintiff has the burden of proving the allegations to be true based on the preponderance of the evidence. The purpose of an Injunction Against Harassment is to restrain a person from committing acts of harassment.
A lifetime no-contact injunction (A.R.S. § 13-719) is a court order issued by a judge that tells a person found guilty of a dangerous, serious, or felony offense (the offender) that they are not allowed to contact the victim for the rest of their life.
To successfully defeat a motion to dismiss, a pro se plaintiff must rebut the following potential assertions: The plaintiff's allegations don't fit the facts of the case. There is a missing element of the claim. There are no factual allegations in the complaint, only conclusions.
If you would like to request an Order of Protection, or an Injunction Against Harassment you may initiate your petition online by visiting the AZPOINT page, but you must appear in court to finish the process. You may also go to any court, including this court, to fill out and file a petition.
