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Permanent Injunction Without Seeking Declaration In Maricopa
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State:
Multi-State
County:
Maricopa
Control #:
US-000299
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Word;
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FAQ
A restraining order in Arizona is typically temporary. Orders of protection and injunctions against harassment typically expire after one year unless renewed by the petitioner. Once expired, they are no longer enforceable but remain part of the public record.
The Order of Protection or Injunction Against Harassment will remain in effect for one year. You must renew the Order/Injunction to extend it past that period. At any time during the one-year period, the defendant may request, in writing, a hearing before the court which issued the order.
If granted, this court order would prohibit the defendant from contacting the victim and is valid for the duration of the defendant's natural lifetime and can only be dismissed under the specific circumstances set out in ARS § 13-719.
The Story Behind “Kayleigh's Law” Under SB 421, judges would have the power to issue lifetime injunctions at sentencing. These orders would only be lifted under specific conditions, such as if the victim requests it, the conviction is overturned, or in the event of the victim's passing.
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 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.
It is well settled that without making prayer of permanent injunction no temporary ...injunction. In terms of the prayer of permanent injunction only temporary injunction order can be passed.
The court will issue a lifetime no-contact injunction if (1) the victim or prosecutor makes a request at the time of sentencing, and (2) the defendant is convicted of an eligible offense. The lifetime no-contact injunction does not expire and becomes effective immediately upon issuance.
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.