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Injunction

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The Occultist

Senior Member
What is the name of your state (only U.S. law)? Arizona

Hello! While I've been absent awhile as one posting advice, I have come back seeking answers for something I know not whit about!

About a year and a half ago, I terminated an employee of mine for various, valid reasons. Shortly after, the harassment began. When he was picking up his final paycheck at the place of employment, he made some vague threats of violence towards myself. While I did need police assistance to remove him from the premises, outside of having him trespassed from the property, I did not press charges as far as the threats went (I knew he was angry, and I figured that would play itself out). Shortly after, I began receiving phone calls from him in the middle of the night, and as soon as I answered, he would hang up. He thought he was blocking his phone number, but the app on my phone unblocks "blocked" caller ID info, so I retained proof that he was calling me. This evidence was enough for a judge to issue an injunction against him for all forms of contact, either on the phone or in person or whatever.

Once issued, the sheriff made two attempts to issue the injunction at the last known address, which belongs to his mother. Mom claimed that he had moved out and she did not know where. After the two attempts, the paperwork was kicked back to me, and so I passed it along to a third party process server. They also could not validly serve the paperwork. Despite all of this, since the calls did stop, I dropped the issue.

Here we are now, and the gentleman in question is now frequenting a local "watering hole" of mine, and he is giving me "the look". As of yet, he has not done a single thing to actually cause me to be worried for my safety, but I'm also hoping that I do not have to wait for my safety to be in danger before I can call for help. I still have the paperwork for the injunction. What can I do?

TL;DR I know that the injunction, at the time, would be good for one year after it was successfully served; is there a deadline for which it must be served after having been signed by the judge for it to be enforceable? None of my paperwork indicates any such thing, but I'd rather find out before I call the Sheriff to have it served that it is no longer enforceable.

Please advise!

Thank you,
Casey

P.S. For those around during my posting days, I miss you all!
 


quincy

Senior Member
Hey, The Occultist! You have been missed!!!

I am sorry that what brings you back to the forum are problems with a scary ex-employee, though.

I located the following link and under "J" it seems to indicate that service must occur within one year from the date the injunction was signed, so if it has not been over a year, you should be able to call the sheriff and have the papers you already have served now. From the link: "A copy of the petition and the injunction shall be served on the defendant within one year from the date the injunction is signed."

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

As an aside, I want to apologize for calling you "TheOcculist" for so many years. I obviously needed one because I was always leaving out the "t" of Occultist. Sorry.

Again, both you and the advice you dispensed have been missed. Welcome back!!!
 
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The Occultist

Senior Member
Quincy! Nice to hear a response from you! The first thing upon reactivating my account was to check my PM's, and the most recent was from you indicating that you were leaving. I am SO glad that you had a change of heart (and, even back then, I suspected that that would be the case!!).

Your response is exactly as I had figured. I hope you did not peruse the RS for too long as I would feel bad because I took a cursory glance and did not immediately find what I was looking for (I did glance, but if it ain't the law I'm accustomed to, then I'm a child when it comes to reading it, so I confess I did give up too soon). No worries; the folk at the watering hole love me and will "have my back" if it comes to it and press charges as needed (the owner of the establishment does not understand my delay in doing such, and I love him for it). The moment he says anything untowards is when I will make the next move.

Thank you for the advice. Perhaps I'll stick around! (I'm no longer actively working towards a legal degree any longer, hence my absence, but I still have knowledge to offer, I s'pose! just make sure y'all keep me in check!)

P.S. One of my closest friends still refers to my handle without that very same "t" so there is no grudge in that regard!
 
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quincy

Senior Member
Quincy! Nice to hear a response from you! The first thing upon reactivating my account was to check my PM's, and the most recent was from you indicating that you were leaving. I am SO glad that you had a change of heart (and, even back then, I suspected that that would be the case!!).

Your response is exactly as I had figured. I hope you did not peruse the RS for too long as I would feel bad because I took a cursory glance and did not immediately find what I was looking for (I did glance, but if it ain't the law I'm accustomed to, then I'm a child when it comes to reading it, so I confess I did give up too soon). No worries; the folk at the watering hole love me and will "have my back" if it comes to it and press charges as needed (the owner of the establishment does not understand my delay in doing such, and I love him for him). The moment he says anything untowards is when I will make the next move.

Thank you for the advice. Perhaps I'll stick around! (I'm no longer actively working towards a legal degree any longer, hence my absence, but I still have knowledge to offer, I s'pose! just make sure y'all keep me in check!)

P.S. One of my closest friends still refers to my handle without that very same "t" so there is no grudge in that regard!
I did leave the forum for awhile, and it was shortly after my PM to you, but I was drawn back several months later by an amusing post by You Are Guilty. So I blame him for my return. ;)

It is good that you have folks around you who will watch your back. Maybe your former employee has grown up a bit in the last year and will confine himself to just "looks" and not actions. I am sure it must be a bit unsettling to have him around, though. I have never had to fire an employee - people tend to flee all on their own :) - but I understand how tricky it can be. Good luck.

At any rate, the forum will certainly benefit if you stick around. Your advice tends to be sane and this forum can always use more sanity.
 

The Occultist

Senior Member
...apparently this forum has added a "like" function. As such, I have "liked" your post.

Welcome to the Facebook of legal advice!!
 

The Occultist

Senior Member
IP law was my passion, but I am so far removed I don't think I could offer accurate advice any longer. Then there is criminal law, which is what I was raised on (family of criminal defense lawyers and all, along with my own personal experience on the wrong end of it as a "child"). But now, my professional experience brings me to civil and employment law. I am quite versed in employment law based on what I do (along with the unemployment hearings I have lost due to case law in my state). Yes, I can still be of service here!
 

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