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

  • 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?
  • 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.
  • If you are under a deferred adjudication on domestic violence charges are you still allowed to purchase a firearm. Went to court was put on a "deferred sentencing" which stated charges would be dropped after I completed program. Was never told to relinquish my current firearms and was never told that I could not purchase any. Just curious of your thoughts. Thanks You
  • I have a court hearing over a domestic batteryou case and I was just served papers telling me to appear 1 hour before hearing to give my fingerprints and photo should I be concerned?
  • My daughter refuses to go to her moms, what happens if she doesnt go? She is being emotionally abused by her mom. Also, can i file for emergency custody if i can prove it?
  • My husband currently lives with me, and our 2 daughters. He has barely been paying anything toward bills and rent and recently there have been some domestic violence issues also. Can I file for child support even though he is currently living in my home?
  • if I’m getting a restraining order against my roommate and she goes to get one before me on false terms because I’m getting one. Will the judge serve me with hers while i am in court trying to get mine? We have an apartment together and i think she is doing it to Get off of our lease.
  • 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
  • My ex- fiancée and I have joint custody(decision making). Last year March17, 2014, she was arrested for domestic violence( class 6 undesignated felony), ( discharging a firearm at her boyfriend),and received supervised probation, 3 yrs. In June of 2015, she was once again arrested for violation of probation and placed on IPS and extensive probation till 2017. Because Mother is violent and has potential to cause emotional and physical distress to my 5 yr. old daughter, do I have legal right as her father to file for sole custody and decision maker? Currently we have equal parenting time.
  • How do I apply for help? I called 480-xxx three times waited for over an hour each time and was hung up onthree times. I am ttrying to apply on line and no way to apply. I am on disability am a single mom with three children. Their dad is abusive. I need sole custody and I need help please call me back.

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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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