Protection Orders 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

  • What if they have the last name wrong does it still stand
  • If someone is contesting a protection order for reasons not even listed on the form i filled out to get the order can it be overturned ?
  • If I try and get a restraining order for my 17 year old daughter against her boyfriend, can she deny it because she is 17 ?
  • I was involved with a woman and broke things off, she went and filed an order of protection last year, I wanted to fight it judge said if I did I would lose my gun rights, so it was modified so I could keep my gun and rights. That expired last year in July 2013. Today I was served again with another order of protection, Again all reasons listed are False! And now I have to turn over my gun. How can one fight the order of protection without losing gun, gun rights? How can one fight these false allegations? I don't want anything to do with this woman, She is telling lies to court to get order!
  • I have an order of protection against my soon to be EX husbands sister. She constantly bad mouths me to my 2 children. She is causing unnesecary upset to them by making them feel they need to choose sides. Can I add my children to the protective order as people she can not have contact with?
  • there is a pfa on my husband for me. His mom lives with me. He is in jail is he still aloud to send letters to her with out it violating the pfa order?
  • My ex-boyfriend was arrested in 2014 & sentenced to 4.5 year. I ended the relationship shortly afterward for many reasons including physical & mental abuse. He threatened me if I ever left him & tried to kill me twice. After his arrest, I became homeless & all of our belongings were lost. I have since met someone else & have gotten married. I wrote my ex in prison to let him know his belongings were gone & that I had gotten married & not to come looking for me or his things upon his release. I am afraid he will come after me.Is it possible to get an Order of Protection prior to his release?
  • Can someone take out a harassment order when no harassment has occurred?
  • I was fired from my job for no reason. I was upset about when I spoke to my boss and called a co worker a bad word at my boss. Then, they filed a workplace harassment injunction on me. I filed a hearing. The judge threw out the false claims they made on me but had to keep the injunction on me because of the bad word I called the co worker when I was fired. I want this off my record without filing an appeal. How can I get this off my record?
  • can i get an order of protection aganst my daughter

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

Documents

.pdf  Domestic Violence Safety Plan ReadSpeaker

.pdf  Victims' Rights ReadSpeaker

RELATED ARTICLES

Things You Should Know about Protective Orders

Domestic Violence Survivor's Guide

County Resources for Domestice Violence Victims

Where to Find an Attorney for Specific Legal Advice

Domestic Violence Resource Guide - DNA People's Legal Services

Protective Order Center - How to Obtain an Order of Protection from the Court

What is Domestic Violence?

Order of Protection

Injunctions Against Harassment

Arizona Address Confidentiality Program

Domestic Violence in Arizona Criminal Law

LINKS

National Domestic Violence Hotline

Arizona Supreme Court Domestic Violence Information Page

Domestic Violence Benchbook (Civil)