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.
  • are harrassment orders used to stop a party from defaming a persons character and to stop them from making false claims to various agencies?
  • 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?
  • 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?
  • 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?
  • If I, the Plaintiff," contact the Defendant, who I have an Order of Protection against, am I in violation of that order?
  • My ex-boyfriend was arrested in 2014 & sentenced to 4.5 year. I ended the relationship shortly afterward for many reasons including physical & mental abuse. He threatened me if I ever left him & tried to kill me twice. After his arrest, I became homeless & all of our belongings were lost. I have since met someone else & have gotten married. I wrote my ex in prison to let him know his belongings were gone & that I had gotten married & not to come looking for me or his things upon his release. I am afraid he will come after me.Is it possible to get an Order of Protection prior to his release?
  • where can I obtain a copy of restraining order placed against me in Feb 2015 by my girlfriend/Phoenix Court? keeping me away from property as well as her?
  • My boyfriend and I live in the same house as his father and a roommate, his father is always getting upset over nothing and instead of talking civilly with us, he yells and picks a fight, my boyfriend has anxiety as well as some other medical issues, and cannot deal with this, and it normally leads to loud verbal arguments. My question is are we able to get a no contact order on his father and roommate while we are living in the same house?
  • Do I have a time limit during which to request a protection order?

STORIES

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FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

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)