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

  • I was recently in a relationship with a guy who was verbally and emotionally abusive. We were living together for about 3 months and he was always yelling at me and I was getting very scared. After he held me inside our apartment and refused to let me leave I finally got out and moved out. I tried to keep things civil. He moved to out of state but he says he will come back. He calls the house I am staying at several times a day.  He breaks into my emails and talks to my friends. He threatens me and he gets very angry at times and calls me and says he will do stuff to me and he will do stuff to my friends . I was wondering what I could do. I am very stressed out and scared and I feel like it is getting worse and I need a solution. I looked up about an order of protection but Im not sure where to go and how to do it. Id like to stop him from contacting me, my family, and my friends. I feel that he may be emotionally unstable and have issues that could turn to violence. He says he is coming back to Arizona and I just want to protect myself, my family, and my friends.
  • I filed an order of protection a former acquaintance. She in turn went to a different judge and filed one against me. Can she do that? I have proof of her harassment, she got hers with lies. Can I contest it?
  • I was given exclusive use of our residence in my OOP. Is my husband still required to pay his half of the rent even though he was required to leave the residence?
  • Do I have to renew an order of protection in the court that ordered it or can it be done through any justice court?
  • 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?
  • What if they have the last name wrong does it still stand
  • My ex has an order of protection on me. I am also on probation because of our relationship issues. I have to report all her attempts to contact me to my p.o. She has sent many threats, msgs, and requests I contact her. I have filed a police report against her, and victim svcs has told her to stop, but she now uses my p.o.'s name in her msgs while advising me that there is nothing either vic svcs, my p.o., nor TPD can do beyond advising her not to contact me, but I will go to prison if I reply. How can I protect myself against her? I have reason to fear further action by her.
  • I was served with a protection order and had to leave my home. My girlfriend went by the house and noticed my roommate who had me served took my door off its hinges and stole my tools out of my room as well as the shed. What do I do?
  • I have a court order for parenting time that my Ex is not complying with. We have a court date set for the end of February. But today I was served with an order of protection but I have never threatened any harm. Can she use this order of protection to keep my kids from me? Or will she have to comply with the existing court ordered parenting time unless a judge approves modifications to it?
  • I have been wrongly served an Injunction against Harassment (IAH) notice. I want to challenge this, but in the meantime, I also want to get a protection order against the plaintiff. Is it wise for me to do so? Also, I plan on challenging the injunction. Should I seek attorney counsel? Or should I represent myself at the hearing?

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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

ORGANIZATIONS

Documents

.pdf  Domestic Violence Safety Plan ReadSpeaker

.pdf  Victims' Rights ReadSpeaker

RELATED ARTICLES

Things You Should Know about Protective Orders

Domestic Violence Survivor's Guide

County Resources for Domestice Violence Victims

Where to Find an Attorney for Specific Legal Advice

Domestic Violence Resource Guide - DNA People's Legal Services

Protective Order Center - How to Obtain an Order of Protection from the Court

What is Domestic Violence?

Order of Protection

Injunctions Against Harassment

Arizona Address Confidentiality Program

Domestic Violence in Arizona Criminal Law

LINKS

National Domestic Violence Hotline

Arizona Supreme Court Domestic Violence Information Page

Domestic Violence Benchbook (Civil)