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 ex is doing this to our son. Where can I get help? The judge doesn't see my side of this and there was significant domestic violence in our marriage. The judge has granted my ex custody and he is a dangerous alcoholic. My daughter, his step daughter is so afraid for her little brother because she knows 1st hand what her step-father is capable of yet the judge won't let her in the court room. My ex is extremely good at conning and manipulating the system and has the judge fooled. I don't know what to do and now I can't even see our son. What can I do?
  • when a minor commits dv against a parent, shouldn't the minor be removed from the parent and dangerous and unsafe environment?
  • How do I go about renewing my Order of Protection if there haven't been any new incidents of domestic violence?
  • I was a victum of domesticviolence. Because of that my son and i had to live with my drug addticed mother. Now the father of my son has full custody. And i am forced to pay child support i can not afford it. What should i do?
  • If I have an order of protection and my ex- husband and or wife wants to live near by so that our child could walk to his mothers our father's house, what are the laws for this , I asked the judge, and he said that in the order of protection they no longer state a specific distance however the judge advised me to seek legal advice.
  • My parents kept seeing maks on my body assuming it was from being beat when really it was from aggressive sexual activities with my fiancé. Even though I told them it wasn't abuse I was embarrassed and afraid to tell them otherwise, so when they filed a report against my fiancé stating that he was hurting me and after I begged them not to do so they made it seem like they had already picked him up and took him in so when I spoke to the officer I was extremely distraught and went along with it anyways. He faces a hearing is there anyway I can stop this from happening,
  • I am currently going through a divorce, where there is no custody established, and am pregnant. I have been put on strict bedrest. I am trying to move to Nevada where I will have more help from my older children's father and be able to be on bedrest like I'm supposed to. Would I be able to file a petition for relocation with a minor, and temporarily move before the 60 days, without getting in trouble for it. And will it effect how they decide custody. Also, I have a PO against the other parent, and there has been domestic violence toward me and the children during our marriage.
  • can i get acches covered domestic violence glasses ?
  • If an Injunction of Harassment is dropped in Superior Court, can I re-apply due to not having enough evidence? Or appeal it? What are my options? Thanks for your help/info.
  • I can't afford an attorney even through the modest means program & no one is willing to help me pro bono. I filed for divorce from my abusive husband & we reached a settlement agreement on 4/28/16. But he continues to use the judicial system to make false accusations against me & keep me in court. How can I stop this harassment, and why won't any attorneys help me pro bono? So many claim to be DV advocates but no one is advocating for me & my daugher.

STORIES

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

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FIND LEGAL HELP

  • Please select your county of residence below.

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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
  • Certified Legal Document Preparer Program
    Link

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