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

  • I havea one-year old son with a man who has broken my arm and has been charged with aggrivated assault. I obtained an op and he has violated it manytimes. He has broken my nose and I filed charges against him for that. He is still not in jail. He has denied any domestic violence in my family law case and is making making false police reports that makes me sound crazy. How do i protect myself and my son from such a person when the county seems happy to go along with what he has been doing to me? Is there anyone who can go to court with me?
  • can i change my mind about an order of protection that i got from the family court in phoenix. if so, how do i do that. Also can i rent an apartment with my roommate that i got the Order of Protection on before the order is terminated by the court?
  • if I’m getting a restraining order against my roommate and she goes to get one before me on false terms because I’m getting one. Will the judge serve me with hers while i am in court trying to get mine? We have an apartment together and i think she is doing it to Get off of our lease.
  • Me and my ex-spouse has joint custody, recently I move and have not reported to the court. Im scared to let him know my new residents due to the threats that I recieve by text and answering machine I decided to get a training order is there anything that I need to know addiction to this order?
  • I obtained an order of protection 3 days ago and attempted to use it to terminate my lease with the apartment manager. They told me they will have to review the order and that the order has to be served in order to be used as evidence of DV. How long do I have to wait for the apartment complex to fulfill my request? What legal processes apply?
  • My husband currently lives with me, and our 2 daughters. He has barely been paying anything toward bills and rent and recently there have been some domestic violence issues also. Can I file for child support even though he is currently living in my home?
  • I just got charged with two counts of domestic violence. I don't know weather an appeal will do anything or not also if I compleat everything the judge order how much would a set aside cost me or do I even have a chance
  • My husband and my daughter (his stepdaughter) were in an argument and my daughter slapped my husband in the face. My husband called the police and now wants to get a restraining order. My daughter was in the wrong by getting physical but I also don't think a restraining order is needed. Where does that leave me. My daughter can never come to our house again.
  • I'm a mother of 2. My oldest is 24 but mentally handicapped. My daughter is 14. Her father not my son's and I live together and co-parent. We are not in a relationship. He is mentally, verbally and has been physically abusive to me. Can I file for a temporary order to protect my children and myself from him? We share custody of her. Please help. Thank you.
  • I live with my boyfriend it's his home I've lived here for 15 years he is very abusive verbally and physically at times when he is drunk he has put a chain WITH a lock on the gate so I cant leave or come he does this when i have to go to appointments he refuses to take me so there for i have to find my own way to get to and from appointments I was in a car accident in 2019 which makes it difficult for me to have to climb the fence TO get in and out is there something I can do that will not cause me being the one that has to leave the home because it's his home I've lived HERE 15 yrs

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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

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