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Rule 26. Injunction Against Workplace Harassment

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order ProcedureEffective: January 1, 2023

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part V. Issuance of Protective Orders
Effective: January 1, 2023
17B A.R.S. Rules Protect.Ord. Proc., Rule 26
Formerly cited as AZ ST RPOP Rule 6
Rule 26. Injunction Against Workplace Harassment
Currentness
(a) Individual Hearing. A judicial officer must hold an individual hearing with each plaintiff--an employer or an authorized agent of the employer--who requests an Injunction Against Workplace Harassment.
(b) Contents of Petition. In the petition, the plaintiff must allege at least one specific act of harassment, including date of occurrence, that will be relied on at hearing. See A.R.S. § 12-1810(C)(3).
(c) Petition Verification. The plaintiff must sign and swear or affirm to the truth of the petition before a judicial officer or another person authorized to administer an oath. If the plaintiff signs the petition outside the presence of the judicial officer or another authorized person, the judicial officer should ask the plaintiff, on the record, to affirm the truth of the allegations and the authenticity of the signature in the petition.
(d) Petition Review. A judicial officer must review the petition, any other pleadings on file, and any evidence offered by the plaintiff. See A.R.S. § 12-1810(E).
(e) Findings Required.
(1) The judicial officer must issue an Injunction Against Workplace Harassment upon finding:
(A) reasonable evidence of workplace harassment by the defendant during the year preceding the filing; or
(B) that good cause exists to believe that great or irreparable harm would result to the plaintiff or to another person who enters the plaintiff's property or who is performing official work duties if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and upon finding specific facts attesting to the plaintiff's efforts to give notice to the defendant or reasons supporting the plaintiff's claim that notice should not be given.
(f) Relief. When issuing an Injunction Against Workplace Harassment, ex parte or after a hearing, a judicial officer may:
(1) restrain the defendant from coming near the employer's property or place of business and restrain the defendant from contacting the employer or other person while that person is on or at the employer's property or place of business or is performing official work duties. See A.R.S. § 12-1810(F)(1).
(2) grant relief that is necessary for the protection of the plaintiff, employees, or other persons who enter the employer's property and that is proper under the circumstances. See A.R.S. § 12-1810(F)(2).
(g) Denial of Petition or Setting of Pre-Issuance Hearing. If after the ex parte hearing the judicial officer has insufficient information on which to issue an order, the judicial officer may either deny the request or set a hearing within 10 days and provide reasonable notice to the defendant. The judicial officer must document denial of any request.
(h) Effectiveness. An Injunction Against Workplace Harassment takes effect when the defendant is served with a copy of the order and the petition, and it expires one year from the date it is served. A modified Injunction Against Workplace Harassment takes effect upon service but expires one year after service of the initial order. See A.R.S. § 12-1810(I).

Credits

Formerly Rule 6 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Amended on an emergency basis effective Sept. 30, 2009. Amended June 30, 2010, effective on an emergency basis July 29, 2010, adopted on a permanent basis Sept. 1, 2011. Amended on a permanent basis effective Sept. 2, 2010. Amended Aug. 28, 2013, effective Jan. 1, 2014. Renumbered Rule 26 and amended Aug. 27, 2015, effective Jan. 1, 2016. Amended Sept. 2, 2016, effective Jan. 1, 2017; Aug. 27, 2019, effective Jan. 1, 2020; amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Rules Protective Order Proc., Rule 26, AZ ST RPOP Rule 26
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document