Wood v. Abril
Wood v. Abril
Opinion of the Court
¶ 1 Jill Abril appeals from the trial court's grant of an injunction against harassment in favor of Nydia Wood and her three minor children. For the following reasons, we vacate the injunction.
¶ 2 In July 2017, Wood sought an injunction against her ex-husband's girlfriend, Abril. The trial court granted the injunction and, after holding a hearing requested by Abril, the court affirmed the injunction. This appeal followed.
Jurisdiction
¶ 3 Although neither party has raised the issue, this court has an independent duty to examine its own jurisdiction. See In re Marriage of Johnson and Gravino ,
¶ 4 Injunctions against harassment are governed by the Arizona Rules of Protective Order Procedure. See A.R.S. § 12-1809 ; Ariz. R. Protective Order P. 1. When an injunction against harassment is not sought in conjunction with a pending family law case, the Arizona Rules of Civil Procedure apply to the extent they are not inconsistent with the Rules of Protective Order Procedure. Ariz. R. Protective Order P. 2. This case is not associated with any pending family law matter, and Rule 54(c), Ariz. R. Civ. P., does not conflict with the Rules of Protective Order Procedure.
¶ 5 However, in Brumett v. MGA Home Healthcare, L.L.C. , this court concluded that "neither Rule 54(b) nor Rule 54(c) apply to rulings that are not 'final judgments' but are independently appealable by statute."
Injunction Against Harassment
¶ 6 Abril claims the court's finding of harassment was not supported by sufficient evidence, specifically claiming the evidence showed, at most, one incident that could constitute harassment. We review a trial court's grant of an injunction against harassment for an abuse of discretion. LaFaro ,
¶ 7 "[H]arassment" is defined in our statute in relevant part as "a series of acts over any period of time." A.R.S. § 12-1809(S). "At a minimum, the 'series of acts' condition requires two incidents." LaFaro ,
¶ 8 At the evidentiary hearing, Wood, testifying about the March incident, stated, "[Abril] didn't say anything. It was just a verbal fight between me and [Wood's ex-husband]." When the trial court asked if it was correct that she had only argued with her ex-husband in March, and not with Abril, she said that it was. This incident therefore could not support a finding that Abril harassed Wood on that occasion. See id. ¶ 13. Likewise, Wood's ex-husband telling her that Abril was a heavy drinker could not constitute harassment for the same reason-it did not involve any conduct by Abril directed at Wood. Id.
¶ 9 Wood alleged in her petition that Abril had harassed her through phone calls and text messages, but, at the evidentiary hearing, did not testify that she had received any phone calls or text messages from Abril, nor about the contents of those texts or calls alleged in the petition. The record is therefore devoid of any evidence to support that allegation.
¶ 10 The only remaining incident in the petition is the physical fight that occurred in April. And a single incident is insufficient to support a finding of harassment, which requires a minimum of two incidents. § 12-1809(S) ; LaFaro ,
Disposition
¶ 11 For the foregoing reasons, we vacate the injunction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.