Domestic Violence Article


Arizona Address Confidentiality Program

This article discusses the Arizona Address Confidentiality Program, which help victims of domestic violence, sexual offenses, and/or stalking use a substitute mailing address whenever they interact with a state or local government agency so that perpetrators and others cannot use Arizona’s public records to find out where the victim is living or receiving their mail.

What is the Arizona Address Confidentiality Program?

The Arizona Address Confidentiality Program (ACP) helps victims of domestic violence, sexual offenses, and/or stalking keep the location of where they are living or receiving their mail confidential.

When was the ACP established?

The ACP was established by the Arizona legislature in 2012 when it was enacted into law under Chapter 3 of Title 41 of the Arizona Revised Statutes (A.R.S.) at A.R.S. § 41-161 et seq.

How does the ACP keep a victim’s location confidential?

The ACP lets victims use a substitute mailing address, so that anyone who searches for them through Arizona’s public records will be unable to find out where they are actually living or receiving their mail.

How does the ACP work?

Whenever a victim is asked to provide their address, they provide a substitute mailing address instead of their real address. Although this substitute mailing address is the address that appears in Arizona’s public records, any mail that is sent to the victim at that address is secretly forwarded to the victim’s real address. The substitute mailing address is good for 5 years.

How does a participant use the ACP?

A victim who participates in the ACP is provided with an ACP Authorization Card that they may present to state and local government agencies whenever they are asked to provide an address. The Authorization Card requires the state or local government agency to accept the substitute address so that the victim can keep their actual address to themselves.

The substitute address may be used in place of the victim’s home, work, school, or mailing address.

Examples of when a victim may show their ACP Authorization Card and use their substitute address include:

• Court papers

• Police reports

• Driver license/ID card/vehicle registration

• Social services (AHCCCS/SNAP/TANF/child support/etc.)

• Public schools

• Public library cards

• Voter registration

A state or local government agency employee who intentionally or knowingly discloses a victim’s real address or telephone number without authorization may be breaking the law and therefore guilty of a Class 1 misdemeanor.

Can the ACP accept service of process on behalf of a participant?

Yes. The ACP can act as a participant’s legal agent for service of process and can also accept and sign for other documents, including notices and demands.

Can a participant have their address removed from an existing public record?

Yes. But only from records that were created within the 90 days prior to the beginning of the victim’s participation in the ACP.

A victim who participates in the ACP may ask any state or local government agency to redact (remove or obscure) their real address from any agency record that was created up to 90 days before the victim began using a substitute address.

Who may participate in the ACP?

To participate in the ACP, a person must meet certain requirements. They must:

• Be a victim of domestic violence, a sexual offense (such as rape, sexual assault, or molestation), and/or stalking

• Be in fear of their safety

• Either (a) have already moved within the past 90 days to a new location within Arizona that is unknown to the perpetrator of the domestic violence, sexual offense, and/or stalking OR (b) be planning to move in the near future to a new location within Arizona that is unknown to the perpetrator of the domestic violence, sexual offense, and/or stalking

• Have documentation showing that they are a victim of domestic violence, a sexual offense, and/or stalking

• Be at least 18 years old (or be the parent of a minor child acting on behalf of the child or the guardian of an incapacitated person acting on behalf of the incapacitated person)

How may a victim sign up to participate in the ACP?

A victim who is interested in participating in the ACP may not sign up themselves. Instead, they must meet – in person – with a registered Application Assistant.

What is an Application Assistant?

Application assistants are people who are specially trained to help victims learn if they can participate in the ACP and to help them sign up if they are. Application assistants are located throughout Arizona in organizations that provide counseling, referral, shelter, and/or assistance to victims of domestic violence, sexual offenses, and stalking.

What does an Application Assistant do?

An Application Assistant:

• Describes for the victim how the ACP works and what the ACP does

• Explains to the victim what the responsibilities of ACP participants are

• Works with the victim to incorporate the ACP into the victim’s overall safety plan

• Helps the victim complete the ACP application, recommends the victim for approval, and forwards the victim’s application directly to the ACP

Where may I find a nearby Application Assistant?

A list of organizations throughout Arizona that have an Application Assistant on staff is available here: https://azsos.gov/services/acp/application-assistants

Is participating in the ACP free?

Yes. Participation in the ACP is free. In addition, the ACP accepts all First Class, registered, certified, and election mail on behalf of each participant and forwards it to the participant’s real address at no cost.

Who runs the ACP program?

The ACP is managed by the Office of the Arizona Secretary of State.

How may I learn more about the ACP?

If you would like to learn more about the ACP, you may:

• visit the ACP website: https://azsos.gov/services/acp

• email the ACP: [email protected]

• telephone the ACP: (602) 542-1653

• write to the ACP by mail: 1901 W. Madison St., Phoenix, AZ, 85009

DATE PUBLISHED: March 2020

Sources and further reading

State of Arizona – Address Confidentiality Program: https://azsos.gov/services/acp

Arizona Coalition to End Sexual and Domestic Violence: https://www.acesdv.org

Arizona Supreme Court – Domestic Violence Information: https://www.azcourts.gov/domesticviolencelaw

Arizona Attorney General – Victim Services: https://www.azag.gov/criminal/victim-services

Arizona Revised Statutes (A.R.S.) § 44-162: https://www.azleg.gov/ars/41/00162.htm


Comments:

QUESTIONS

  • Injunction against harassment with "no contact" but both parties are in the same school and same classes together. How is the defendant to avoid contact? Is he required to change schools?
  • my ex and i have court appointed parenting time in family court. my ex keeps bringing her boyfriend around me during these exchanges and i have an OOP against him for threatening my life. my biggest question is i know he is violating law by doing that and can be arrested but is she in violation of some law in arizona by allowing it? FYI she has known about the OOP since it was issued and she helped fight it for him in court so "i didn't know about it" doesn't apply in this situation. im in fear that my ex is attempting to cause an issue by having him around when we exchange our children
  • Is there a law or work on a law regarding couples involved in domestic violence requiring them to seek counseling separately. Or, more specifically, if doing counseling with a couple when domestic violence is apparent, are therapists then required to refer to separate therapists for the individuals of the couple?
  • 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 an ex boyfriend that I work with. He has threatened me, harassed me and my roommates at and outside of work, and has stolen things from me. I have brought it up to our boss who talked with him and warned him not to contact me but I am still afraid to go to work. What can I do?
  • Must a petition for dissolution of a non-covenant marriage contain a statement that there has or has not been domestic violence during the marriage?
  • 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
  • My girlfriend and I allowed her brother (a 300lb man) to crash with us after he got evicted. After about 2 1/2 weeks we realized this was a terrible idea and told him he needed to leave. He packed most of his things and left but took some things that didn't belong to him. Upon him returning for the last if his stuff, we told him he was not allowed to enter the premises and we would bring him his stuff. He got mad and tried to force his way into the house and my girlfriend fought him off. She got arrested for"hitting" him. Isn't this still a form of self defense considering he doesn't live here
  • Can Judge use a charge of DV over a year old in order to apply a RO ?
  • Where can I find a specific Arizona Court online?

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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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