If you have been listed as a victim in a domestic violence case, these are some things to know:
The “domestic violence” part of the criminal charges is there because of the relationship between defendant and you. It is domestic violence if the defendant and you:
1. Are family members- like mother and son or brother and sister
2. Live or have lived together
3. Have any kind of intimate partner relationship:
a. Child in common
b. Married or used to be married
c. Have or had a sexual or romantic relationship.
The victim in a domestic violence case cannot dismiss the charges. The City Prosecutor’s office is prosecuting the case. The victim in the case also has constitutional rights, has a right to be heard in court and should come to court if they are interested in the outcome or process.
The Court can impose conditions of release while the case is pending. Common conditions of release include:
- No acts of domestic violence
- No contact with the victim
- No return to the victim’s residence
- No alcohol or illegal drugs
- Possess no firearms
These conditions of release may remain in place while the case is pending, or can be modified and changed during the course of the case. If you have concerns about the conditions of release, you can speak to the Advocates in court, or to the prosecutor.
Victim Advocates from Emerge! Center Against Domestic Abuse will be present in court. Anything you say to a Victim Advocate is confidential between you and them- they cannot be compelled to disclose it and will keep it confidential. The Victim Advocates will not advise you to do anything you don’t want to do- they are there to represent you and help you express your wishes.
Please feel free to check in with the Victim Advocates. The Court welcomes you and hopes you will come to court. You have the right to be heard.
AZPOINT , the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting other people protected by the order. The portal will also help you figure out whether you (the plaintiff) and the person from whom you are seeking protection (the defendant) have a qualifying relationship for an Order of Protection. Your information will be saved in AZPOINT for up to 90 days. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Until you file your petition at a court, you will be able to return to AZPOINT to update your information if necessary. You are encouraged to speak to a victim advocate before you file your petition. An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant. For more information, click here to go to AZPOINT or using this link https://azpoint.azcourts.gov/
Sgt. Pettey - TPD #520-837-7807