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  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Exclamation Wrongfully Accused For Harassment

    I have just received an order for Injunction Against Harassment which is totally unfounded and without merit. To keep this simple here are the points.

    1. I am the President of a HOA West of Phoenix and I am also currently running for a seat on the City Council.

    2. Back in Oct. 2007, with accordance to our CC&RS, I removed a Real Estate Sign from a common area wall. Our CC&RS state specifically Realty Sign are place only in front of the residence.

    3. After dismantling the sign I went to the homeowners home with my wife as a witness to explain this was not allowed and to provided them with a copy of the rule as well as to give them back the realty sign / hardware. When we arrived at the home, I rang and knocked on the door for several minutes and no one answered. Therefore I left the sign and hardware on the doorstep.

    4. I called the Realto and spoke to them about the situation. They appologized and stated the would speak to their client.

    5. Later that day a police officer came to my home and asked me what took place on this incident. I expressed the above, he stated thats what he thought and left.

    6. Since I am running in the towns election for town council, I have been placing sign throughout the town including infron of my community. As soon as I posted the signs in front of our community, they were taken down / stolen (8 signs).

    7. Feb. 5, 2008 at 7:20 PM I was returning from a town council meeting and noticed a man bending over my sign as he was about to pull it out of the ground. We immediatel made eye contact and he and the woman with him left in a hurry. I knew I had just found the person who was stealing my campaign signs. I observed where they live and called the police to make a report and request that the officer explain to them this was illegal. he did so and returned back to my home and stated no action would be taken because they denied and actually did not have the sign in their posssion. I was fine with that and since then no other signs have been stolen.

    8. Yesterday I was served with a Court Order for Injunction Against Harassment. The Plaintiffs statement falsely accusses me of FORCEFULLY banging on their door in November of 2007 and stated that they were affraid that I would knock the door in and get into the house therefore they were affraid for their safety.

    As I stated above, this was filed without mertit and with false claims against me. Should there have been a Court hearing on this matter before issuing such an Injunction? The fact that the Plaintiff's dates and statement is inaccurate which can be proved through witnesses, what would be the means to to challenge this and have it removed?

    This puts me in a spot with regard to my position with the HOA and my political campaign.

    Sincerely;

    Falsely Accussed
    Arizona

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Wrongfully Accussed For Harassment

    Was this an EX-PARTE order?

  3. #3
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Wrongfully Accussed For Harassment

    I beleive the answer to your question is YES. Since I beleive an ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. I was blind sighted by this and new nothing about it.

  4. #4

    Default Re: Wrongfully Accused For Harassment

    The in junction itself should tell you:

    H. At any time during the period during which the injunction is in effect, the defendant is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a defendant shall be held within ten days from the date requested unless the court finds compelling reasons to continue the hearing. The hearing shall be held at the earliest possible time. An ex parte injunction that is issued under this section 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 where the request may be filed. After the hearing, the court may modify, quash or continue the injunction.


    Here's a link to an overview of the entire Injunction Against Harassment process:


    http://www.azleg.state.az.us/ars/12/01809.htm

  5. #5
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Wrongfully Accused For Harassment

    Thank you for your assistance on this matter. I actually plan to be at the Court house first thing Monday to file for a request for hearing.

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