Protection Orders Article


Determining Domestic Violence

People every day are affected by domestic violence. Some individuals do not recognize they are in an abusive relationship others are afraid to leave. For those who question: what is domestic violence? Am I a victim? How do I know? Or, what do I do?  This article will provide Arizona specific answers; so, you can know there is hope for all who are affected by domestic violence.

Determining Domestic Violence

The Department of Justice defines domestic violence as: “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.” The United States Department of Justice, http://www.justice.gov/ovw/domestic-violence (last visited Sept. 28, 2016). This includes physical abuse, sexual abuse, emotional abuse, economic abuse, and psychological abuse.

Domestic violence does not discriminate. It can happen to anyone regardless of age, color, gender, sexual orientation, or religious beliefs. What people may not realize is that there is also an impact on youth. Teenage years are formative years and many young people may not realize they too can be involved in a domestic violence relationship.

According to SafeTeensAZ.org teen violence is defined as – “one partner tries to maintain power and control over the other through physical, emotional, sexual or stalking abuse. Teen dating violence crosses all racial, economic, and social lines and most victims are young women.” Safe Teens AZ, http://www.safeteensaz.org/dating-violence (last visited Oct. 3, 2016). This site includes some early warning signs that may indicate your relationship or date is becoming abusive: extreme jealously, telling you how to dress or act, keeping you away from friends, controlling behavior, and more. These are only some of the factors listed on their website.

Arizona law has what is called “the relationship test”. Pursuant to A.R.S. §13-3601 a relationship is defined as:
1)    The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2)    The victim and the defendant have a child in common.
3)    The victim or the defendant is pregnant by the other party.
4)    The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5)    The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
6)    The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
       a.    The type of relationship.
       b.    The length of the relationship.
       c.    The frequency of the interaction between the victim and the defendant.
       d.    If the relationship has terminated, the length of time since the termination.

In Arizona the law defines domestic violence under A.R.S §13-3601. This statute includes an enumerated list of domestic violence offense as described below:

Arizona Revised Statute (Law)    Crime

      13-705    Dangerous crimes against children
      13-1102    Negligent homicide
      13-1103    Manslaughter
      13-1104, 13-1105    1st and 2nd degree murder
      13-1201    Endangerment
      13-1202    Threats or intimidation
      13-1203    Assault
      13-1204    Aggravated assault
      13-1302    Custodial interference
      13-1303    Unlawful imprisonment
      13-1304    Kidnapping
      13-1406    Sexual assault
      13-1425    Unlawful disclosure of images depicting any nudity or specific sexual activities
      13-1504, 13-1503, 13-1502    Criminal trespass, 1st – 3rd degree
      13-1602    Criminal damage
      13-2810    Interfering with judicial proceedings
      13-2904(A)(1), (2), (3), (6)    Disorderly Conduct
      13-2910(A)(8)(9)    Cruelty to animals by neglect, mistreatment, or abandonment
      13-2915(A)(3)    Intentionally prevent or interfere with the use of a telephone by another person in an emergency situation.
      13-2916    Use of electronic communication to terrify, intimidate, threaten or harass
      13-2921    Harassment
      13-2921.01    Aggravated harassment
      13-2923    Stalking
      13-3019    Surreptitious (secret, unauthorized) photographing
      13-3601.02    Aggravated domestic violence (here, if a person commits a third or subsequent domestic violence offense, the person is guilty of domestic violence
      13-3623    Child or vulnerable adult abuse
If you are a victim of one of the above mentioned domestic violence offense know there is help.

Resources available

Below are a number of resources available to you.

The Arizona Coalition to End Sexual and Domestic Violence is dedicated to providing direct services to victims and survivors of domestic violence. Their information can be found at: http://www.acesdv.org/

The Arizona Coalition for Domestic Violence has put together a list of shelters available to you throughout the state. Please click on the link to access their list. http://www.azcadv.org/azcadv2014wp/wp-content/uploads/2016/03/DV-and-SV-Program-List-Revised-on-3.15.2016.pdf

If you are seeking to leave the state there are domestic violence shelters throughout the country where you can stay. Please click on the link below to direct you to a shelter in the state or city you wish to go. https://www.domesticshelters.org/

The Arizona Supreme Court has provided additional information that include safety plans and orders of protection. This information can be found at: http://www.azcourts.gov/domesticviolencelaw

Some victims are unsure of their rights. The Arizona Department of Public Safety along with the Arizona Attorney General’s Office has compiled a list stating what rights victims automatically have and what other rights victims can assert. This can be found at: http://crime.azvictims.org/AZVOCA/pdf/VictimsRightsFlyer_English.pdf

There is an additional site that is discrete and can be downloaded as an app on your phone. This provides fast information when needed most. The site is http://AskAZ.org.

The Maricopa Association of Governors has provided a free safety plan pamphlet. The pamphlet is free and can be printed so it can be carried at all times. The safety plan can be found at: http://www.azmag.gov/Documents/pdf/cms.resource/dvsafety-new9-1-0529521.pdf

Comments:

QUESTIONS

  • For an Order of Protection to be filed, does there have to be an incident within the past 12 months or is long pattern of abuse sufficient?
  • What should I do if my ex still calls and texts me after the order of protection has been served? Can I call the police?
  • I got an order of protection, got it served and later was told by a judge to take our daughter off of it. The amended order ain't been served so is the original still in effect or how does this work?
  • My ex-wife took out a protection order against my 17 year old daughter's boyfriend back in March 2011. My daughter did not wish for this but could not stop her mother. Now my daughter is 18 years old and wants to be removed from the protection order. Can she do this in a simple manner? Or does she have to hire a lawyer and go to court?
  • My wife has a OOP against me,is filing for custody of our 3 yr old son that I have no parenting time for at least a year.Since marrying CPS has been contacted multiple times (by father) accusing us of providing an unsafe environment,once specifically that I was abusive and a seperate time that I punched and kicked her 10 yr old down the hall.All found unsubstantiated.The latest accusation is the worst.That I have touched my stepdaughter inappropriately.I am under investigation for the last two months.I am innocent.Can she do this?I am being treated as a criminal.Can I not get shared custody?
  • I just found out I have a protective order filed against me that says it has been served I have never been served what do I do
  • I am the mother and legal guardian of my children. My mother does not like my boyfriend who isn't the father of my two eldest children but the father of my youngest. My mother filed for and was granted a protective Order against my boyfriend for my two eldest children. Is this legal?
  • My boyfriend and I live in the same house as his father and a roommate, his father is always getting upset over nothing and instead of talking civilly with us, he yells and picks a fight, my boyfriend has anxiety as well as some other medical issues, and cannot deal with this, and it normally leads to loud verbal arguments. My question is are we able to get a no contact order on his father and roommate while we are living in the same house?
  • can i get an order of protection aganst my daughter
  • can a parent file a injunction against harassment against his daughters boyfriend if the daughter does not want it and if the boyfriend did not do anything

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

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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
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