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

  • I see a lot of doctrine that establishes the means of acquiring a Protection Order, but I see nothing in regards to the ramifications of filing a false one. So my question is; does filing a false Protection Order, also include immunity from prosecution? Is there any justice for anyone who has been the victim of a system remedy, which has been abused to the point where it has become weapon, rendering it ineffective? Its ironic that a system created to help victims, in turn makes victims. Was that the intended purpose, to deprive fathers of their children and create a plethora problems?
  • how can I find out if an order of protection was served?
  • My husband was evicted from our home last year when I filed a protective order. After he was gone, I found out he had not been paying the mortgage. I am trying to get the mortgage modified based on my income alone. I need a Quit Claim Deed but he refuses to speak to me. Can I file abandonment to get the court's help with this as part of the divorce?
  • My son's father and his girlfriend had a domestic violence incident in his home where she broke glass, furniture, and physically assaulted him. The police came. My 5 year old son was in the home at the time. I would like to get a restraining order against her for my son. I don't want my son to be exposed to that again. She has also been harrassing me via hundreds of texts, phone calls, social media messages, etc. Do I have enough to file for a restraining order against her for my son? My concern is for my son's safety.
  • My son is abt to be 4 years old. He has my last name because while I was pregnant his father was abusive physical & emotionally hurting me , he was also abusing drugs and dealing drugs . He was putting too much stress on me I wanted him as far away from me as possible it wasn't good for my pregnancy . When I had my son only my last name was given . His dad & I try working it out but throught out time he was still being abusive , doing drugs getting d.u.i going to jail . Cheating on me I had enough . I met a wonderful man that I fell in love with as soon as I moved on my sons father broke into my apartment & vandalized 3000 worth of my things .. I don't get a penny from the guy . Now he has a black on blank Benz . He has a Bently he has a monster truck . He has a motor cycle hardly Davidson & dune buggy while I'm struggling with my son to get by . My boyfriend was supporting us him & I are no longer together . How can I get child support from the guy without him getting any legal right
  • My husband abuses me in public n at home, im felling mentally harassed by him coz he goes to office n come home but does'nt speak to me at all, im all alone at home, i dont have a work permit yet, he is planning to send me back to my country, i guess this is the reason he wants to mentally harass me so that i go crazy n leave him , so please help me how to get out of this situation, calling 911 would help me in this situation ?
  • My daughteris being physically abused by her husband  He has done this before. The police came once to escort her out of the trailer. He left before they came. She is afraid of him as he has threatened to have her children taken away. I am not sure as to what to do as parents. He apologizes, then she keep accepts him back. We are worried about the children. We live in Alaska
  • In a child custody case, I lost my children to my ex. My children & I suffered alot of abuse at his hands. Now he has the children & lives in another city & jurisdiction in Arizona. The info and dr. reports I took in were not even looked at by the judge. Seemed her mind was made up early on. Can I request a new emergency hearing and also request a change in judge as I am told the abuse on the children has started again and I don't know what to do to protect my children.
  • My baby mom got a order of protection against me for both her and my son. After my 1 hr supervised visitation she is required to leave the area immediately but she waits around. The director of the program witness and she made a 3rd party affidavit confirming that she waits when she shouldn't. She also says she hears the extremely inappropriate things my son says. She made a police report stating I was following her BUT she should of been 20 minutes away from the area . I got arrested beat the case and now I want legal actions done against her ? What would be my first step What kind of lawyer
  • I have had my brother in law and his wife here at my residence that I am renting for seven months. They were told repeated times to start paying a specific amount of money a month and ignored my requests. They chose not to sign a written agreement and still refuse to pay. They are not on the lease either. I want to know if I have grounds to give them a 5 or 30 day notice to vacate. And if I can mail it, as they are staying with someone else for a couple months, or if I have to hand it to them personally. Thank you

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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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