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 family’s abuser (We’ve had an order of protection since October) has repeatedly contacted my father, threatening to call CPS on me. Tonight I saw him spying in a live stream video from my business instagram—it was not an account I knew, but definitely him. My bank account was also hacked into and I’m positive it was a move meant to send a message, as he used to control my finances and I thought this was the only card he never knew about. The court said call the police, the police say he’s allowed to do this. I’m scared and don’t know where to turn. Domestic advocacy places aren’t responding
  • I am roommates with someone he has assaulted me I am going to get a restraing order,what I would like to know who has to move out of the home we share?
  • In Sept. of 2014 my boyfriend pushed me down the stairs in our house and was arrested. Six months later Jan. 16, 2015 he punched me several times in the face breaking my nose and causing me to get 7 stitches above my left eye. He choked me and then forced me to sit in a chair while he threatened me. He fled before HPD arrived and was arrested in March for felony battery and coercion. I did not testify and charges were dropped. On Feb. 8th, 2017 he was arrested for DV. Can the prior charges get brought back in the new case even if he wasn't convicted?
  • Husband keeps threatening me to throw me out of marital home. I have been a stay at home mom since the birth of our first son 12 years ago. I have no income or source of support if he forces me out. What can I do to protect myself and my children. He has been hostile to me in front of my boys, upsetting them. I just listen so that he will stop threatening me and upsetting them.
  • what do i do if my friends father and brother is fisicaly hurting her and her boyfriend every day. ( thay have marks on ther body every time i see them and i guess the police are not doing anything for her or her boyfriend.they have ben called numerious times for a variety of violent crimes and absouluty nothing has ben dun. fro,m what im being told. is this possible
  • I'm a survivor of domestic violence and sexual assault. It's been four years since the last domestic occurred and I moved to Washington to get away from my abuser with my kids. I am wondering since it has been four years ago if there is anything that I can do now like make a police report or legal action now.
  • On Thanksgiving day of 2017. My ex fiance assaulted me at a circle k. Police report was filed. He's mother took gaurdainship of are daughter. So when I visit the minor I'm really nervous. Can there be order of protection against my ex and his fiance and can I put my minor child on the protection?
  • Quash: The judicial officer stops the Order of Protection or Injunction Against Harassment. Note: Nothing the plaintiff does can stop, change or undo the order. what does this mean. I want to quash an OP that I have against a person. I've decided the emergency is over and don't want to wait for 1 year to expire. What are the consequences to me or the defendant?
  • im sorry i have no idea what category this would fall under since it can be under a few. idont know what else to do but my mom is is a horrible situation with my adult drug addict brother and she is always living each moment not knowing what he will be like each second. he has a violent history with my parents and he has a recond you can look up. michael hahn dob 7/25/88.. our dad just passed away and he is taking full advantage of our mom by staying there unwanted,using drugs,stealing things to get his drugs and being verbally,physically and emotionally abusive .what can be done?shes afraid
  • My sister in-law just moved out to AZ approx. 5 months ago with her husband who has a history of verbal abuse it has gotten worse and we are thinking it is going to get more agressive I am in NJ and cannot help her where can she go for help and if not in AZ can we bring her back to NJ she has a daughter who is 7 years old whom he also does verbal abuse to.

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

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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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