To protect public and state-employed employees from harassment, Arizona prohibits the filing of a non-consensual privilege against employees and public servants unless one of the following conditions is met: In a case of civil harassment, the victim will sue you directly for damages related to a violation of federal labor laws. state or local. This type of case is heard by a civil court – not a criminal court. Therefore, only fines apply. Although there is no risk of imprisonment in civil proceedings, fines can be significantly higher than fines imposed in criminal proceedings. Essentially, the difference between stalking and stalking is the fear that the harassment triggers in the victim. Criminal harassment is a more serious offence and generally involves more predatory behaviour on the part of the accused. While harassment means that a «victim» is upset or alarmed, this law focuses on emotional distress or fear of injury to a «victim.» HARASSMENT INJUNCTIONS A.R.S. 12-1809: A harassment injunction is available if a person`s conduct is harassment; As defined in Arizona law: A much more serious charge, aggravated harassment, carries harsher penalties.
You can be charged with aggravated harassment if: Assuming you acted intentionally or with sufficient knowledge, Arizona law classifies the following six acts as harassment: ADDITIONAL INFORMATION ON PROTECTION ORDERS:PUBLIC ACCESS: Only the information contained in the protection order served, not the petition, is entered into the state`s computer system and published on the Internet. You can protect your home and business address by requesting that your addresses be protected on the application form. OTHER PROTECTED PERSONS: You may be referred to the Supreme Court if your children are listed as protected persons in this order. Only a judge of the Supreme Court can decide on custody or parental leave in a separate action. A DEFENDANT: A separate claim must be filed for each defendant. A copy of your application and order will be given to the defendant and may be used in future legal proceedings. SERVICE AND EFFECT: This protection order is valid for one year from the date it is served on the defendant and is enforceable by law enforcement authorities in any state or tribal state of the United States. There is no charge for the law enforcement department of an OOP or IAO for a person involved in a romantic/family relationship.
HEARING: If the defendant does not agree with this protection order, they have the right to request a hearing, which will take place within 5-10 business days of filing a written application with the court that issued the order. If you do not attend the hearing, your decision may be overturned (refused); Therefore, you must notify the court of any changes to your contact information to ensure that you are informed of all hearings. MODIFICATION OR CANCELLATION (REJECTION) OF THIS PROTECTION ORDER: Only a judge can modify or revoke (refuse) this protection order. If you bring an action for maternity, paternity, annulment, legal separation or dissolution against the defendant, inform this court immediately. Nothing you do can stop, modify or cancel this protection order without the written permission of the court. CONTACT WITH PLAINTIFF: Even if you make contact, the defendant could be arrested for violating this protection order. If the defendant does not wish to have contact with you, they have the right to apply for a protection order against you. WILLINGNESS TO PROSECUTE: If you or the defendant need each other`s personal belongings, you can ask the judge to be on hold. The day before allows you or the defendant to return once with a law enforcement officer to retrieve the necessary personal belongings from the apartment. Neither law enforcement nor this protection order can resolve disputes over ownership, title, furniture, finance, real estate or other property matters. FIREARMS: You can ask the judge to order the defendant not to possess, receive or purchase firearms or ammunition.
TIP: If you wish, counsel for the defendant can only be ordered at a hearing at which you and the defendant must appear. THIRD PARTY: A protection order does not apply to third parties such as landlords, which means that an order containing the exclusive use of a residential disposition cannot be complied with if the applicant is not the tenant. Unfortunately, people are constantly falsely accused of harassment (for example, out of revenge or jealousy). This means that it is always a defence for an accused to show that the «victim» made a false report to the police or was wrongly accused. If you wish to obtain a protection order or restraining order against a minor who is currently being held in a safe custody at the Arizona Department of Juvenile Corrections (ADJC), it is recommended that you do so at least two months before the youth is released. Once you have received the protection order, you can deliver it by mail or in person to the Victims` Rights Unit, which will arrange service on the minor (at no cost to the victim). You will receive a notification that the minor has been officially served and the Victims` Rights Department will return the signed documents to you so that you can submit them to the court of origin. The Victims` Rights Unit can also work with you to develop a safety plan if necessary. A protection order is a legal restriction that prohibits a person from committing an act of domestic violence or contacting people protected by the order.
Protection orders are used when there is some relationship between the offender and the victim. A protection order can include various forms of legal protection, such as removing firearms from the home, adding others to the order, and exclusive use of the dwelling. Remember that a protection order gives you legal protection; However, you should always take the necessary steps to ensure your safety. You can contact the Victims` Rights Unit to help you develop a safety plan. Please visit the following website to find an Arizona Protection Order or Harassment Injunction: Protection Order FormsPlease visit the following website to find a court near you that may be able to help you with protection orders: Arizona Court LocatorPROTECTION ORDERS A.R.S. 13-3601 and 3602: You can apply for and obtain a protection order: if you meet the following conditions:(A). Relationship Between You and Defendant. Your relationship with the defendant must fall into one of these categories. If your relationship doesn`t fit into one of these categories, learn more about harassment injunctions at the bottom of this page. The defendant is: Contact us for legal advice on how we can help you defend yourself.
Our defense attorneys in Arizona will be with you to mitigate and prevent the serious legal consequences that these charges may bring.