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

  • My ex wife filed for an order of protection from me, stating that I had committed acts of domestic violence against her and my children. She filed for it on Sept. 11, 2019 and said that the domestic violence had taken place within the past year. I had been 1500 miles away in the state of WA since 12/27/2017. Had not stepped foot in the state of AZ for almost two years. I have NEVER harmed my ex, nor our children, I have never made threats to hurt them, I don't even spank my children. This has torn my life apart. Is there any legal recourse for her lying, and keeping me from our kids?
  • My Brother is a 32 combat veteran of the 5th Special forces group. He was arrested yesterday for aggravated assault. He is heavily medicated due to injuries and may be a threat to his family. His wife called me yesterday asking me to help but I do not know what I can do. Can some one offer me some advice on what, as his brother, I can do?
  • 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.
  • I have a defiant 17 year old daughter who is violent and verbally abusive. She has even damaged our home by punching holes in the doors and is using drugs. She will not follow any of our rules and basically comes and goes as she pleases. She turns 18 in 5 months, but will not graduate high school until May of next year. Are we still responsible for her until she graduates, or do our responsibilities end once she turns 18? She is causing turmoil and fear within our home and we just don't know what our rights are.
  • im sorry i have no idea what category this would fall under since it can be under a few. idont know what else to do but my mom is is a horrible situation with my adult drug addict brother and she is always living each moment not knowing what he will be like each second. he has a violent history with my parents and he has a recond you can look up. michael hahn dob 7/25/88.. our dad just passed away and he is taking full advantage of our mom by staying there unwanted,using drugs,stealing things to get his drugs and being verbally,physically and emotionally abusive .what can be done?shes afraid
  • 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 am the petitioner of a protective order and the defendant has not been served yet. Our court date is next week. What is gonna happen? Will they dismiss it or continue it.
  • What is the distance of a injunction
  • 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?
  • Am I legally able to move out of state with my son, if the father is on the birth certificate? He has been active in our sons life as well as paying for his needs. However I am not safe nor is my children's state of mind and well being. There is 15 years of emotional, physical and mental abuse from him. My children as well as myself want a safe home and stability. I can't provide that unless I relocate. I have a job lined up in the new state as well as a home I can afford on my own The town sheriff is 200 feet away from me as well as CIA behind me I would be renting my home from family friends

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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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