Domestic Violence Article


Arizona Address Confidentiality Program

This article discusses the Arizona Address Confidentiality Program, which help victims of domestic violence, sexual offenses, and/or stalking use a substitute mailing address whenever they interact with a state or local government agency so that perpetrators and others cannot use Arizona’s public records to find out where the victim is living or receiving their mail.

What is the Arizona Address Confidentiality Program?

The Arizona Address Confidentiality Program (ACP) helps victims of domestic violence, sexual offenses, and/or stalking keep the location of where they are living or receiving their mail confidential.

When was the ACP established?

The ACP was established by the Arizona legislature in 2012 when it was enacted into law under Chapter 3 of Title 41 of the Arizona Revised Statutes (A.R.S.) at A.R.S. § 41-161 et seq.

How does the ACP keep a victim’s location confidential?

The ACP lets victims use a substitute mailing address, so that anyone who searches for them through Arizona’s public records will be unable to find out where they are actually living or receiving their mail.

How does the ACP work?

Whenever a victim is asked to provide their address, they provide a substitute mailing address instead of their real address. Although this substitute mailing address is the address that appears in Arizona’s public records, any mail that is sent to the victim at that address is secretly forwarded to the victim’s real address. The substitute mailing address is good for 5 years.

How does a participant use the ACP?

A victim who participates in the ACP is provided with an ACP Authorization Card that they may present to state and local government agencies whenever they are asked to provide an address. The Authorization Card requires the state or local government agency to accept the substitute address so that the victim can keep their actual address to themselves.

The substitute address may be used in place of the victim’s home, work, school, or mailing address.

Examples of when a victim may show their ACP Authorization Card and use their substitute address include:

• Court papers

• Police reports

• Driver license/ID card/vehicle registration

• Social services (AHCCCS/SNAP/TANF/child support/etc.)

• Public schools

• Public library cards

• Voter registration

A state or local government agency employee who intentionally or knowingly discloses a victim’s real address or telephone number without authorization may be breaking the law and therefore guilty of a Class 1 misdemeanor.

Can the ACP accept service of process on behalf of a participant?

Yes. The ACP can act as a participant’s legal agent for service of process and can also accept and sign for other documents, including notices and demands.

Can a participant have their address removed from an existing public record?

Yes. But only from records that were created within the 90 days prior to the beginning of the victim’s participation in the ACP.

A victim who participates in the ACP may ask any state or local government agency to redact (remove or obscure) their real address from any agency record that was created up to 90 days before the victim began using a substitute address.

Who may participate in the ACP?

To participate in the ACP, a person must meet certain requirements. They must:

• Be a victim of domestic violence, a sexual offense (such as rape, sexual assault, or molestation), and/or stalking

• Be in fear of their safety

• Either (a) have already moved within the past 90 days to a new location within Arizona that is unknown to the perpetrator of the domestic violence, sexual offense, and/or stalking OR (b) be planning to move in the near future to a new location within Arizona that is unknown to the perpetrator of the domestic violence, sexual offense, and/or stalking

• Have documentation showing that they are a victim of domestic violence, a sexual offense, and/or stalking

• Be at least 18 years old (or be the parent of a minor child acting on behalf of the child or the guardian of an incapacitated person acting on behalf of the incapacitated person)

How may a victim sign up to participate in the ACP?

A victim who is interested in participating in the ACP may not sign up themselves. Instead, they must meet – in person – with a registered Application Assistant.

What is an Application Assistant?

Application assistants are people who are specially trained to help victims learn if they can participate in the ACP and to help them sign up if they are. Application assistants are located throughout Arizona in organizations that provide counseling, referral, shelter, and/or assistance to victims of domestic violence, sexual offenses, and stalking.

What does an Application Assistant do?

An Application Assistant:

• Describes for the victim how the ACP works and what the ACP does

• Explains to the victim what the responsibilities of ACP participants are

• Works with the victim to incorporate the ACP into the victim’s overall safety plan

• Helps the victim complete the ACP application, recommends the victim for approval, and forwards the victim’s application directly to the ACP

Where may I find a nearby Application Assistant?

A list of organizations throughout Arizona that have an Application Assistant on staff is available here: https://azsos.gov/services/acp/application-assistants

Is participating in the ACP free?

Yes. Participation in the ACP is free. In addition, the ACP accepts all First Class, registered, certified, and election mail on behalf of each participant and forwards it to the participant’s real address at no cost.

Who runs the ACP program?

The ACP is managed by the Office of the Arizona Secretary of State.

How may I learn more about the ACP?

If you would like to learn more about the ACP, you may:

• visit the ACP website: https://azsos.gov/services/acp

• email the ACP: [email protected]

• telephone the ACP: (602) 542-1653

• write to the ACP by mail: 1901 W. Madison St., Phoenix, AZ, 85009

DATE PUBLISHED: March 2020

Sources and further reading

State of Arizona – Address Confidentiality Program: https://azsos.gov/services/acp

Arizona Coalition to End Sexual and Domestic Violence: https://www.acesdv.org

Arizona Supreme Court – Domestic Violence Information: https://www.azcourts.gov/domesticviolencelaw

Arizona Attorney General – Victim Services: https://www.azag.gov/criminal/victim-services

Arizona Revised Statutes (A.R.S.) § 44-162: https://www.azleg.gov/ars/41/00162.htm


Comments:

QUESTIONS

  • My daughter conceived out of wedlock. Lived together the entire pregnancy, & was there for her birth. No doubt that I am biological father, however, my mother advised me not to sign the birth certificate & I didn't sadly. Baby was 14 months old when my EX developed drug & alcohol problem. As a result to this she was arrested & charged with domestic violence. A month after, she decided to move move with my baby from Phx to PineTop, AZ & has kept my her from me. Baby is 3yrs old now & her mom decided to move to CA. How can I get rights as a father? Can I get shared custody? Help Please!
  • 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.
  • How do I go about renewing my Order of Protection if there haven't been any new incidents of domestic violence?
  • I have a protection order agains my boyfriend. We were never married but he told the police we were. He was allowed to drive my truck but he had to pay truck payment and car insurance. He stopped doing that and without my permission he took the truck to the east coast. He also violated the protection order. No way to contact him and now he getting violation for tolls in New York that I am receiving in the mail. Police will not report it stolen. What can I do?
  • Me and my girlfriend have been together for 2 years and she has 2 kids by a guy who stays in trouble and rarely pays child support he makes false statements to dhr and we have been investigated and released we recently had an argument and they carry me to jail for domestic violence are we still going to be able to live with each other
  • Am I legally able to move out of state with my son, if the father is on the birth certificate? He has been active in our sons life as well as paying for his needs. However I am not safe nor is my children's state of mind and well being. There is 15 years of emotional, physical and mental abuse from him. My children as well as myself want a safe home and stability. I can't provide that unless I relocate. I have a job lined up in the new state as well as a home I can afford on my own The town sheriff is 200 feet away from me as well as CIA behind me I would be renting my home from family friends
  • My aunt just got guardian ship of me. My father that adopted me still has custody of my aunt and I are constantly fighting she threatens to send me back to him. Now that I am 16 can move out of my aunt's house and move back in with my biological father that is her brother?
  • I have called sheriff 4 times now on ex wife I'm the victim and she has stole my meds from cvs and my identity and my daughter identity too she filed my taxes got refund and spent it then she got stimulus money too she filed my unemployment and was try to keep my unemployment money what can I sue police dept ? I feel because I'm a guy it's ok for her to assault me?
  • Under what legal authority does the father (never married) of my 6 year old, who has been deemed unsuitable for joint custody & has yet been able to abide by basic court appointed supervised visitation guidelines, have to continually bring me to court with neglectful parenting allegations, which are always dropped &, coincidentally, decided that he is the perpetrator in each case? Furthermore, as victim to his court declared domestic abuse (physical/metal), how is it that I am being required to be in contact with the perpetrating father, or at risk of losing my son due to parental alienation?
  • I took a diversion deal for two DV misdemeanor charges, resulting in 26 counseling sessions and 36 mo. probation. Since the conviction has not been entered, once I finish the counseling program, can I get the charges dismissed or do I have to wait until completing at least 18 months of probation?

STORIES

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

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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
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