Protection Orders 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

  • Can I file order of protection when someone threatened to cause severe damages to my vehicle and to have someone to jump on me?
  • When you have someone on Facebook making threats to you about a service you did for them and they didn't like it now they want to threaten you and go to places you're at to hurt you
  • 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.
  • I told a friend of mine to get a restraining order against her ex-boyfriend but she is too afraid to do so but I be able to get that order of protection against him for her
  • Was an orderof protectionserved properly thepolice cameto mydoormyfatheransrwedthedoormy dadcalledme tothe doorthedoorwasopen Irefusedpapers policeofficrs threw them into my dadshome Inever touched thepapers isitvalid?
  • if someone has filed an harrassment against myself and they very specifically demanded that i am not allowed at the community pool in the same apt. complex and i was at the pool first then she comes to the pool herself and stays has she herself violated her own order and does said protection become null and void alltogether
  • I have been served an Order of Protection in retaliation for a Domestic Violence issue in which I am the victim. Will this order prevent me from retaining my real estate license and teaching certificates? Will it affect my fingerprint background check?
  • Can someone take out a harassment order when no harassment has occurred?
  • Do I have to renew an order of protection in the court that ordered it or can it be done through any justice court?
  • are harrassment orders used to stop a party from defaming a persons character and to stop them from making false claims to various agencies?

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. . .
  • 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
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