In Arizona, an Injunction Against Harassment (IAH) is a civil court order, available to individuals, who are experiencing harassing behavior, in an effort to stop it. An Injunction Against Workplace Harassment (IAWH) is a similar order available to businesses (such as HOAs) and their employees who are similarly experiencing harassing behavior.
Obtaining an IAH/IAWH requires that the individual seeking the order (the petitioner) present their request in writing to a Court (typically this involves completion of a court completed form. See the further regarding the procedural process.
Under Arizona law, the individual filing said petition bears the burden of establishing that there have been:
- A series of acts over time, directed at a specific person;
- That cause serious alarm, annoyance, or harassment to a reasonable person (that in fact result in alarm/annoyance or harassment); and
- Serve no legitimate purpose.
See A.R.S. § 12-1809 (the law further provides that one or more acts of sexual violence, would qualify as well).
Note the obligation to prove up a “series of acts”, as the Arizona Court of Appeals rejected an IAH because the petitioner cited only a single physical incident rather than a pattern of harassment. See Wood v. Abril (2018).
Examples of behavior that may qualify for an IAWH are:
- Disrupting board meetings (beyond reasonable limits);
- Threats against board members;
- Harassing communications (texts, emails, voicemails) in some cases.
As a practical matter, the distinctions between qualifying for an IAH versus an IAWH, are that while one act/threat of physical harm can qualify for entry of an IAWH (See A.R.S. 33-12-1810), HOAs are much more likely to experience harassing communications (that do not involve threat of physical harm), and as such Courts will require evidence of multiple events of such harassing communications.
HOAs seeking an IAWH, out of abundance of caution, thus should document:
- At least two (2) separate incidents involving the same individual;
- Details of dates, communications, and witnesses;
- Proof of intent: evidence that these were directed to alarm, annoy, or harass; and
- Proof of unreasonability (evidence that these acts were directed with no legitimate or reasonable purpose).
Assuming the Court, grants the petition and enters an IAH/IAWH, the Order has to be served upon the individual (who is the subject of the IAH/IAWH), and once served, violation of an IAH/IAWH becomes a criminal offense (there is generally no HOA enforcement of these orders). The holder of the IAH/IAWH has to contact law enforcement to seek enforcement of the order.
Filing Process for an HOA
- Verified Petition at Court
Under A.R.S. § 12‑1809 and A.R.S. § 12‑1810, anyone (including an HOA or someone on its behalf) can petition the Justice, Municipal, or Superior Courts. The petition must carefully and diligently list specific incidents and their dates, among other things.
- Ex‑Parte Temporary Order
If the court finds reasonable evidence of harassment in the past year—or good cause for immediate relief—it may grant an ex‑parte injunction without notifying the defendant, who must then be served. The court may also order a hearing with notice to the defendant, or deny the petition entirely.
- Hearing and Final Injunction
If the defendant contests the order, a Contested Hearing must be set with proper notice. If harassment is proven, the order may forbid contact or require staying away from people or places. This Contested Hearing operates like a trial in most cases.
- Service Requirements
The injunction is only effective once formally served by law enforcement or a process server, and is effective two years from the date of service.
- Enforcement
Violating a Protective Order is referred to as “Interference with Judicial Proceedings” (an “IJP” in criminal justice parlance) and is a class 1 misdemeanor (which carries potentially serious penalties – up to six months in jail and substantial fines). An IJP, if charged as a domestic violence offense can lead to charges of aggravated domestic violence, which is a Class 5 felony.
Common Protections In IAH or IAWH Orders
Courts can include broad protections such as:
- No contact (in person, via phone, email, social media);
- Stay‑away orders from board members’ homes, HOA meetings, or offices;
- Prohibitions on property trespass or written threats.
Violating the injunction is a criminal offense and can lead to arrest, fines, or jail time.
An IAH or IAWH is a powerful legal tool for Arizona HOAs and their agents who may experience harassment—if used correctly. For HOAs in Arizona considering an injunction, a consultation with experienced HOA counsel is essential to ensure compliance with statutory requirements and evaluation of the evidence supporting the petition, and also to properly enforce and recoup any associated legal expenses if that option is available. We also assist HOA board members who have been named as defendants in these cases, to seek their dismissal in defense. If your community is grappling with homeowner harassment concerns, please reach out to the firm for assistance. Call us toll free at (800) 743-9324 or email moc.w1773187077albdh1773187077c@ofn1773187077i1773187077.
The information contained in this article is not intended to be legal advice and is provided for educational purposes only.