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Injunction Vs Court Order In Pima
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State:
Multi-State
County:
Pima
Control #:
US-000299
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FAQ
(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 ...
Arizona Restraining Orders assault or aggravated assault, such as hitting or kicking you; threatening or intimidating you, as defined by law; sexual assault; use of an electronic communication to terrify, intimidate, threaten or harass; harassment or aggravated harassment; stalking;
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.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
For a protective order to remain in effect as originally issued or as modified at a hearing, the plaintiff must prove the case by a preponderance of the evidence.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
Using an injunction carries disadvantages as well. For one, courts generally use injunctions only to prevent a party from doing something. Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something.