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

  • My question is if a protective orders put on a person when I personally did not commit a family violence and that's what the protective orders under happiness protective order be turned over and work with that person had to do to get it returned over and what kind of attorney with that person need if they can afford and trying to get a protective order turned over due to the fact that they did not do anything wrong and I have proof of it
  • I let my boyfreind drive my car while we were together. we are now broken up and he wont give me my car what rights do i have
  • I am not married to my daughters father, we recently split due to domestic violence. I am talking with him and his lawyer to get a resolution before our temporary orders hearing. The only term we are not agreeing on is that I want to stipulate that my daughter and I can relocate to Colorado in a year. His attorney keeps saying the courts will not accept that even if we come to an agreement on everything else before our court date. I spoke to an attorney who told me the opposite. How do I word this to his attorney or is his attorney right?
  • is there a cost to file an order of protection
  • I live in TX. My daughter and her mother moved to AZ 2 years ago. I paid support and maintained telephonic contact. During this time, unknown to me, the mother became a heroine addict and gave temporary custody to the grandmother. When I was informed of the situation, I attempted to gain custody of my daughter and the grandmother, who worked for Pima Co. Superior Court, filed for permanent custody. With our court date set for Nov 4th and my plane and hotel paid, the court calls me and says they changed the date. Is that even legal with less than 24 hours notice? Do I have any recourse?
  • my wife and i were both charged with domestic violence and both got 3 years probation. We are currently getting divorced and are wondering if at the termination of our probation can we get this charge expunged from our records?
  • I was granted a Protective order 2 days ago. I need a victim advocate to clarify the terms granted. OR ANYONE who clarify if I can remove my belongings legally. The police Said he could and he did. I have to move because he has all the money. Im trying to keep the residence, but its gonna be a battle. I have rights to reside here now til hearing on 25th of August.
  • I have a PFA against me and there is a third party rule for no contact. If I called the plaintiffs father not to relay a message to the plaintiff but about something else is that a violation of a third party contact?
  • Removing personal belongings from my residence?
  • I plead guilty to Disorderly Conduct DV in Mesa and have to attend 12 hours of Anger Management classes. I was planning on moving to Bullhead City but now I don't know if I can. Does it matter where I take these classes?

STORIES

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FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

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
  • Certified Legal Document Preparer Program
    Link

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