Sample Restraining Order Form With Envelope Attached In Phoenix
Description
Form popularity
FAQ
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
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.
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.
A petition for an injunction against harassment may be filed with any judicial officer – whether a magistrate, a justice of the peace, or a superior court judge – at any court in Arizona.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Filing a Civil Lawsuit Talk to an attorney who specializes in civil harassment cases. Gather evidence of the harassment. Collect evidence of the damage the harassment has caused you. Draft a complaint listing your allegations and damages. File your complaint with your local civil court.
A petition for an injunction against harassment may be filed with any judicial officer – whether a magistrate, a justice of the peace, or a superior court judge – at any court in Arizona.
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.
