QUESTION CENTER

CAN'T FIND WHAT YOU ARE LOOKING FOR? SUBMIT A QUESTION YOU WOULD LIKE TO SEE ANSWERED ON LAWFORKIDS.ORG

0
My daughter (14) was sexually assaulted twice by the same person, her classmate (14). They are beginning high school in a couple of weeks and will travel via school bus together. The charges were filed about 2 weeks ago and the case is now in the hands of the County Attorney's Office. She is traumatized by these events and now has to face him because they attend the same school. Transportation is specifically our main concern due to the second occurrence taking place on the bus. My daughter should not be faced with such fears. Receiving an education in a fearless environment should not be a concern for our youth. Can I file an Injunction Against Harassment or an Order of Protection to ensure that she receives the education and peace of mind she deserves? Thank you.
Responses (1)
  • Accepted Answer

    Monday, July 31 2017, 12:39 PM - #Permalink
    0
    If you have a similar question to this and would like to ask it or need more information on this topic please visit www.azlawhelp.org]www.azlawhelp.org.

    Arizona Law:

    12-12-1809. Injunction against harassment; petition; venue; fees; notices; enforcement; definition

    A. A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff, and the minor is a specifically designated person for the purposes of subsection F of this section. If a person is either temporarily or permanently unable to request an injunction, a third party may request an injunction on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. Notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an injunction against harassment.

    B. An injunction against harassment shall not be granted:
    1. Unless the party who requests the injunction files a written verified petition for injunction.
    2. Against a person who is less than twelve years of age unless the injunction is granted by the juvenile division of the superior court.
    3. Against more than one defendant.

    C. The petition shall state all of the following:
    1. The name of the plaintiff. The plaintiff's address shall be disclosed to the court for purposes of service. If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected. On the plaintiff's request, the address shall not be listed on the petition. Whether the court issues an injunction against harassment, the protected address shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.
    2. The name and address, if known, of the defendant.
    3. A specific statement showing events and dates of the acts constituting the alleged harassment.
    4. The name of the court in which there was or is any prior or pending proceeding or order concerning the conduct that is sought to be restrained.
    5. The relief requested.

    F. If the court issues an injunction, the court may do any of the following:
    1. Enjoin the defendant from committing a violation of one or more acts of harassment.
    2. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons.
    3. Grant relief necessary for the protection of the alleged victim and other specifically designated persons proper under the circumstances.

    13-3602. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction

    A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection.

    Relationship Requirement
    Order of protections require the defendant to be one of the below:
    Your spouse or your former spouse.
    Your roommate or your former roommate.
    The father or mother of your child or your unborn child.
    A person that you were previously or are currently involved with either romantically or sexually.
    Your parent, grandparent, brother, sister, child, or grandchild.
    Your spouse's parent, grandparent, brother, sister, child or grandchild.

    What this means:

    If a person has been seriously alarmed, annoyed or harassed continually (at least twice) then that person may seek an injunction against harassment through the court.

    An order of protection is used in domestic violence situations and requires that the people involved are either married, in a romantic or family relationship AND that a person in that relationship is being endangered, threatened, intimidated or hurt.

    Injunctions against harassment do not have a relationship requirement and can be used to stop anyone (strangers, former friends) to stop an unwanted behavior.

    Resources:

    For more information you may want to visit:
    AZLawHelp.org: Protection Orders
    http://azlawhelp.org/viewresults.cfm?mc=16&sc=75

    Maricopa County Superior Court's Protective Order Center: https://www.superiorcourt.maricopa.gov/superiorcourt/protectiveordercenter/index.asp
    The reply is currently minimized Show
Your Reply