Domestic Violence
questions & answers
Question: I was served with an injunction against harassment and was never informed by the plantiff that I was harassing her...we were friends. Now I have been given this form and I don't know what to do...she never indicated that she felt threaten by me and showed no changes in her behaviors that would even give the slightest clue as to her feelings...what do I do to protect myself now...
Answer:
Please see our article on protective orders. That article discusses frequently asked questions about orders of protection. Included in the article is the following section:
How can I get an Order of Protection or Injunction Against Harassment issued against me dismissed, changed or modified? The order/injunction is valid for one year after it is served. During this year, the defendant is entitled to one hearing on the order. The defendant must file a written request for a hearing in the same Court that issued the Order of Protection or Injunction Against Harassment.
If the order is modified, the modified order has to be re-served and is effective for one year from the date of service of the original order. If the defendant does not accept the order while in the court, the judicial officer may detain the defendant until a law enforcement officer is summoned to serve the defendant the order.
In addition, A.R.S. § 12-1801-1810 are Arizona laws that discuss orders or protection. In those statutes, harassment is defined as: "a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose."
Given that every situation is different, you may want to consult an attorney about your rights. To find a lawyer, you may want to go to the "find a lawyer" page of the State Bar of Arizona's website, or contact either the Maricopa Bar Lawyer Referral Service or the Pima County Bar Lawyer Referral Service.
QUESTIONS
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I was served with an injunction against harassment and was never informed by the plantiff that I was harassing her...we were friends. Now I have been given this form and I don't know what to do...she never indicated that she felt threaten by me and showed no changes in her behaviors that would even give the slightest clue as to her feelings...what do I do to protect myself now...
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