Domestic Violence Article


Victim's Bill of Rights

Under the Arizona Constitution, Article 2, Sec. 2.1, victims are:

  • to be treated with fairness, respect, and dignity;
  • to be informed, upon request, when the accused/convicted person is released/escaped
  • to be present at and to be informed of all criminal proceedings where the defendant has the right to be present;
  • to be informed of victim's constitutional rights;
  • to be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing;
  • to a speedy trial and prompt and final conclusion of the case;
  • to refuse an interview request by the defendant, the defendant's attorney;
  • to confer with the prosecution;
  • to read pre-sentence reports when they are available to the defendant;
  • to ensure the protection of victim's rights;
  • to receive prompt restitution;
  • to be heard at any proceeding when any post-conviction release is being considered.

The Crime Victim's Rights for adult offenses can be found at A.R.S. sections 13-4401 to 4439

The Crime Victim's Rights for juvenile offenses can be found at A.R.S. sections 8-381 to 421

If you would like more information about Victim's Rights or you think your rights have been violated, you can contact the Arizona Office of the Attorney General Victim's Rights Enforcement Officer online .


Comments:

QUESTIONS

  • Is it possible to remove a domestic violence charge from my record to stop having a delay when I purchase firearms?
  • My boyfriend was arrested last night for aggravated assault against me. I told the police that he has a history of mental illness and that he needed to go to a psychiatric hospital but they took him to jail anyway. I am not pressing charges but I am afraid the state will. How do I help him get the charge dropped and get mental help?
  • what are the charges for assault intetional/reckelessly injure
  • I need to track the creation, revisions, amendments to Arizona Revised Statute 13-3601, specifically in relation to mandatory arrest laws during domestic violence calls. How do i do that? Thank you!
  • If a mother puts a restraining order against her sons girlfriend 4 months before he turns 18 and he doesn't want one put on her can he get it dismissed when he turns 18?
  • I recently went through a child custody hearing. In the judges ruling, he claimed that I was convicted of Domestic Violence and that I was abusing te legal system by reporting Domestic violence by my ex. I have never been charged but my ex has been 12 times with 5 convictions and 5 other charges dismissed as part of plea agreements. Do I have any recourse against the judge?
  • My best friend is having issues with her husband. He drinks every day to the point of total intoxication. He is verbally abusive and demeaning to her. He has pushed her, head butted her and told her that he “should beat her ass”. He has maxed out her credit cards and does everything he can to financially entrap her. They have 2 children 13 and 15. She is afraid to leave the kids with him because of his drinking and because he is not dependable. My friend wants to leave but due to the financial position he continues to put her in, she cannot afford to get out. Is this considered DV? Options?
  • I went to jail on domestics volince charges and took a ple bargen idident understand what was going on im mental ill what do i do
  • I have an order of protection against my husband that has not been served to him yet. If I agree to meet him at the police station parking lot to exchange our daughter, will the judge dismiss the order if my husband later contests it?
  • I have an OOP against my ex boyfriend & he is still harassing/stalking me. I contact the police & file my reports. I am going to move back to Wa. state but my lease ends at the end of Dec. 2014. My question is.. can I get out of my lease early without any fines/fees or trouble?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
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