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

  • Should I seek counsel in a case where I ihave a protective order and defendant filed an answer with a lawyer?
  • what is the meaning of domestic violence, and how many years can you get for this
  • I was servd an order of protection from an exlover who i was in a long term gay relatinship with. since being served he has contacted me via e mail and phone several times. In addition he has visited me in my home, came over for intimate visits, etc. Is he legally allowed to do this being that he was he one who originated thee order?
  • Does the plaintiff of a protective order need to follow the same order as no contact order can the plaintiff contact the defendant
  • Me and my ex-spouse has joint custody, recently I move and have not reported to the court. Im scared to let him know my new residents due to the threats that I recieve by text and answering machine I decided to get a training order is there anything that I need to know addiction to this order?
  • I was served with a protection order and had to leave my home. My girlfriend went by the house and noticed my roommate who had me served took my door off its hinges and stole my tools out of my room as well as the shed. What do I do?
  • What if they have the last name wrong does it still stand
  • 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?
  • where can I obtain a copy of restraining order placed against me in Feb 2015 by my girlfriend/Phoenix Court? keeping me away from property as well as her?
  • I was given exclusive use of our residence in my OOP. Is my husband still required to pay his half of the rent even though he was required to leave the residence?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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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
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