12-1810

12-1810. Injunction against workplace
harassment; definitions

A. An employer or an authorized agent of an employer may file a written
verified petition with a magistrate, justice of the peace or superior court judge for an
injunction prohibiting workplace harassment.

B. The court shall not grant an injunction against workplace harassment against
either:

1. A person who is under twelve years of age unless the injunction is granted by
the juvenile division of the superior court.

2. More than one defendant.

C. The petition shall state all of the following:

1. The name of the employer.

2. The name and address, if known, of the defendant.

3. A specific statement showing the events and dates of the acts that constitute
harassment toward the employer or any person who enters the employer's property or who is
performing official work duties.

D. The filing fee for a petition that is filed pursuant to this section is
established pursuant to sections 12-284, 22-281 and 22-404.

E. The court shall review the petition and any evidence offered by the employer to
determine whether to issue the injunction without further hearing. Rules 65(a)(1) and
65(e) of the Arizona rules of civil procedure do not apply to injunctions requested
pursuant to this section. If the court finds reasonable evidence of workplace harassment
by the defendant or that good cause exists to believe that great or irreparable harm
would result to the employer or other person who enters the employer's property or who is
performing official work duties or if the injunction is not granted before the defendant
or the defendant's attorney can be heard in opposition and the court finds specific facts
that attest to the employer's efforts to give notice to the defendant or reasons
supporting the employer's claim that notice should not be given, the court shall issue an
injunction pursuant to subsection F of this section. If the court denies the requested
relief, the court may schedule a further hearing within ten days with reasonable notice
to the defendant.

F. If the court grants an injunction against workplace harassment, the court may do
any of the following:

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.

2. Grant any other relief necessary for the protection of the employer, the
workplace, the employer's employees or any other person who is on or at the employer's
property or place of business or who is performing official work duties.

G. If the court issues an ex parte injunction pursuant to this section, the
injunction shall state on its face that the defendant is entitled to a hearing on written
request and shall include the name and address of the judicial office in which the
request may be filed. At any time during the period that the injunction is in effect, the
defendant may request a hearing. The court shall hold the hearing within ten days after
the date of the written request unless the court finds compelling reasons to continue the
hearing. The hearing shall be held at the earliest possible time. After the hearing, the
court may modify, quash or continue the injunction.

H. An injunction against workplace harassment that is issued pursuant to this
section shall include the following statement:

Warning

This is an official court order. If you disobey this order, you may be
arrested and prosecuted for the crime of interfering with judicial proceedings
and any other crime you may have committed in disobeying this order.

I. A copy of the petition and the injunction shall be served on the defendant
within one year from the date the injunction is signed. An injunction that is not served
on the defendant within one year expires. The injunction is effective on the defendant on
service of a copy of the injunction and petition and expires one year after service on
the defendant. A modified injunction is effective on service and expires one year after
service of the initial injunction and petition.

J. Each affidavit, acceptance or return of service shall be filed promptly with the
clerk of the issuing court. The filing shall be completed in person, made by fax or
postmarked, if sent by mail, no later than the end of the seventh court business day
after the date of service. If the filing is made by fax, the original affidavit,
acceptance or return of service shall be filed promptly with the court. Within
twenty-four hours after the affidavit, acceptance or return of service has been filed,
excluding weekends and holidays, the court that issued the injunction shall register a
copy of the injunction and a copy of the affidavit of service of process or acceptance of
service with the sheriff's office of the county in which the employer is located. A copy
of an injunction is presumed to be a valid existing order of the court for one year after
the date on which the defendant was served. Any changes or modifications to the
injunction are effective on entry by the court and shall be registered with the sheriff
within twenty-four hours after the entry, excluding weekends and holidays.

K. This section does not:

1. Expand, diminish, alter or modify the duty of an employer to provide a safe
workplace for its employees and other persons.

2. Permit a court to issue a temporary restraining order or injunction that
prohibits speech or other activities that are constitutionally protected or otherwise
protected by law, including actions involving organized labor disputes.

3. Preclude either party from being represented by private counsel or appearing on
the party's own behalf.

L. When the employer has knowledge that a specific person or persons is the target
of harassment as defined by this section, the employer shall make a good faith effort to
provide notice to the person or persons that the employer intends to petition the court
for an injunction against workplace harassment.

M. Whether or not a violation occurs in the presence of a peace officer, a peace
officer, with or without a warrant, may arrest a person if the peace officer has probable
cause to believe that the person has violated section 13-2810 by disobeying or resisting
an injunction that was issued pursuant to this section. The release provisions under
section 13-3903 do not apply to an arrest made pursuant to this subsection. A person who
is arrested pursuant to this subsection may be released from custody pursuant to the
Arizona rules of criminal procedure or any applicable statute. The court shall include in
an order for release any pretrial release conditions that the court deems appropriate.

N. The remedies under this section for the enforcement of protection orders are in
addition to any other civil and criminal remedies that are available. The municipal court
and the justice court may hear and decide all matters arising pursuant to this section.
On notice to the affected party and after a hearing, the court may enter an order that
requires any party to pay the costs of the action, including reasonable attorney fees. A
party may appeal an order entered by a justice court or municipal court pursuant to
section 22-261 or 22-425 and the superior court rules of civil appellate procedure
without regard to an amount in controversy.

O. A peace officer who makes an arrest pursuant to this section is immune from
civil or criminal liability if the officer acts on probable cause.

P. An employer is immune from civil liability for seeking or failing to seek an
injunction under this section unless the employer is seeking an injunction primarily to
accomplish a purpose for which the injunction was not designed. Any action or statement
by an employer under this section shall not be deemed an admission by the employer of any
fact. An action or statement by an employer under this section may be used for
impeachment purposes.

Q. In addition to the persons who are authorized to serve process pursuant to rule
4(d), Arizona rules of civil procedure, a peace officer may serve an injunction against
workplace harassment pursuant to this section.

R. For the purposes of this section:

1. "Employer" means an individual, partnership, association or corporation or a
person or group of persons who act, directly or indirectly, on behalf of or in the
interest of an employer and with the consent of the employer. Employer includes this
state, a political subdivision of this state and any school district or other special
district.

2. "Harassment" means a single threat or act of physical harm or damage or a series
of acts over any period of time that would cause a reasonable person to be seriously
alarmed or annoyed.