Protection Orders 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

  • can a parent file a injunction against harassment against his daughters boyfriend if the daughter does not want it and if the boyfriend did not do anything
  • My wife has a OOP against me,is filing for custody of our 3 yr old son that I have no parenting time for at least a year.Since marrying CPS has been contacted multiple times (by father) accusing us of providing an unsafe environment,once specifically that I was abusive and a seperate time that I punched and kicked her 10 yr old down the hall.All found unsubstantiated.The latest accusation is the worst.That I have touched my stepdaughter inappropriately.I am under investigation for the last two months.I am innocent.Can she do this?I am being treated as a criminal.Can I not get shared custody?
  • I have an order of protection against my soon to be EX husbands sister. She constantly bad mouths me to my 2 children. She is causing unnesecary upset to them by making them feel they need to choose sides. Can I add my children to the protective order as people she can not have contact with?
  • When you have someone on Facebook making threats to you about a service you did for them and they didn't like it now they want to threaten you and go to places you're at to hurt you
  • A friend told my ex that I have been advised to get a RO against him. He retaliated by getting a false one against me- before I could  on against him. Its been 6months now, but I want to contest this and also get him one cos he is still going around asking people of my whereabout.I'm scared of this man and his terrible anger.pls what do I do? I can't afford an attorney at all. Where do I start? Is there a lawyer who can represent a domestic violence victim for free or future payment?
  • if someone has filed an harrassment against myself and they very specifically demanded that i am not allowed at the community pool in the same apt. complex and i was at the pool first then she comes to the pool herself and stays has she herself violated her own order and does said protection become null and void alltogether
  • my live in boyfriend of three years was removed from my home which i own with pfa order. if the pfa is overturned at the hearing will he be able to move back in. he has threatened my life in the past.
  • A court signed an Injunction Against Harrassment to protect me from my ex-boyfriend but I cannot afford to pay a process server to have the injunction served on him.  He is still harrassing me but leaves before the police arrive.  What should I do?
  • I filed and received an Order Of Protection, including the exclusive rights to my house and property. That was around the 3rd of June. The Judge said they would serve it at no cost by that day or the very next day. They did not make it by on the same day. The next day everyone had to leave the house due to the house being chemically fumigated. So the Order was not served. I assumed they would return and they have not. Also the police have been back to the house since then due to the same reasons I acquired the Order. I told them about the Order and they made it seem like its not valid? Is that true?
  • How long do you have to reply to a order of protection when it is served on you.

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FIND LEGAL HELP

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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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