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Temporary Injunction Form With Motion To Dismiss In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant. A modified injunction is effective on service and expires one year after service of the initial injunction and petition.
To obtain an Injunction Against Harassment An Injunction Against Harassment is available if the conduct of any person is "harassment" as defined by Arizona law: The defendant can be anyone, whether or not related to you. The conduct can be any conduct which is harassment.
The petitioner must show that the respondent has committed or may commit an act of domestic violence, which includes but is not limited to: Physical assault or harm. Threats or intimidation. Harassment or stalking. Sexual assault or abuse. Kidnapping or unlawful imprisonment. Criminal damage or trespassing.
You may know them as restraining orders if you come from other states, but in Arizona they are called Orders of Protection and Injunctions Against Harassment. They are orders from a Court prohibiting a person from having contact with another person, protected minors, being in certain places, and possessing firearms.
To prove harassment charges, the government must show that you acted intentionally and that your conduct caused substantial emotional distress to the victim or placed them in fear of harm.
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.
Step 1: Go to the district court to begin the filing process. Step 2: Fill out the petition. Step 3: A judge reviews your petition and may grant you a temporary restraining order. Step 4: Service of process. Step 5: The TRO/injunction hearing.
In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm. The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger.