Friday, November 18, 2011

How long does an Injunction stay in effect in Arizona?




Attorney answers (1)


Contributor Level 6
First of all, the length of an injunction depends on what the judge has ordered. If it is what is called an "emergency" or "temporary" Injunction Against Harassment or other type of protective order, it generally will be put in place for only a week or unless and until the defendant challenges it and asks for a hearing, if there hasn't already been one. If objection is not timely made or is not made at all, it typically will be turned into a "permanent" protective order by a follow-up judicial order. Permanent is a bit of a misnomer, as it really is only effective for six months or a year, depending on jurisdiction.
Make sure you know exactly when it is set to expire; if the party who petitioned for the protective order does not move to renew it before that date (you would have to get notice of that, and there would be another hearing), you're home free. As for how a person appeals, just as I stated above, based on where in the process it is; if you have time you can file a challenge/appeal/objection; if it has expired, no worries. If your argument is that the protective order was obtained under false pretenses (under a frivolous claim), and you can back that up with solid evidence (witnesses, documents, recordings, texts, etc.), your likelihood of getting it lifted/quashed/dismissed/overturned will be better. Best of luck.
Legal disclaimer: This post should not be construed as formal legal advice or the formation of a lawyer/client relationship.

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