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

  • Is therea statute to limititations toproviding evidence,specifically witness testimony(several)of eye witness observation of thedomestic violence perpetrator ?Specifically incidents happened about 3 years ago . One party (With the witness testimonies) has consistently voiced the occurence ofdomestic violence in court hearings regarding child custody cases . While the other party has consistently denied it . Concerns have been reviewed and the perpetrator has managed to elude all agencies of thisproblem ( which is now goingonwith his new live in partner in front of the children(not the witness
  • Husband keeps threatening me to throw me out of marital home. I have been a stay at home mom since the birth of our first son 12 years ago. I have no income or source of support if he forces me out. What can I do to protect myself and my children. He has been hostile to me in front of my boys, upsetting them. I just listen so that he will stop threatening me and upsetting them.
  • I have an order of protection against my ex. I have filed for bankruptcy. I have a lawsuit the he filed against me, and I a counter suit against him. I've included his lawsuit against me in my bankruptcy; even though it never went to trial. His attorney wants a deposition with me with his client present - which is whom I have the order of protection against. What are my legal rights to protect myself? I don't want to meet in my attorneys office because I am afraid of this man. Any suggestions? Thank you in advance.
  • I'm 29 citizen of phoenix az. I have been thru a violent abused on my age of 8.9.10. Thru 16 . My dad was a domestic violence and and my mom let him violence fighting like I was another man, not his son.i help them with my five brothers younger, and clean up everithing . My dad was a violent person he have record even in mexico. Too violent with me and discriminate of been gay and much more staff. Do I have a right. He never help me . Never do nothing for me. He trough me from his house having no place to go after a remodel everithing. And didn't pay me nothing,can I take them to court for thi
  • I have a custody trial coming next year & I’m representing myself. I'm attempting to prove child abuse by my ex to his oldest son (not common to us) that I witnessed. I have filed a CPS report in the past but it was unsubstantiated. His son just turned 18 & is still living in the home.There are no police reports. Instead I’m hoping to use his son’s behavioral records from school, to convey that he has documented behavioral/emotional issues that his father would respond poorly at home by phys abuse. His son has a right to keep his educational records private. But can I request for this case??
  • Where can I find previous restraining orders records? Trying to gather all possible evidence that my ex has a pattern of domestic violence. I know all of us 3 women who he has been with filed for an order of protection and experienced domestic abuse. He beat me up when I was pregnant with our son and our son came out early and is now in NICU. I want to do everything possible to protect my child.
  • I am in need 5,000 to lay my daughter down to rest she was murdered in a domestic violence situation. Someone told me the county could help. Please help you.
  • My daughter(12yo)and I are survivors of Domestic Violence. I was awarded sole custody of my daughter. For the past 3&1/2 years my ex-husband has continued to violate our parenting plan. He continously blames me for his choices and his daughter as well. Last week he blantently violated the parenting plan by leaving my daughter at our apt's alone. Our parnenting plan states specifically we are required to exchnge her at McDonalds at 7pm. What legal recourse do I have?
  • I was in an argument with my boyfriend and he called the police. In the process, I was angry and cut two clothes which I gave him as gift in the past.The original price of those two items are 200 dollar in total, but it was worn for more than 2 years. Before I damage those two clothes, I have obtained consent from my boyfriend of returning those two clothes to me . However, I was still arrested and charged with criminal damage. If my boyfriend has agreed to return the clothes to me, is that still his property? I mentioned this to the police officer but he said he still need to arrest me.
  • What happens with a order of protection when the plaintiff contacts the defendant?

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