Domestic Violence is against the law.Information Provided by the Police Department
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"Domestic Violence is a Crime which affects people of every race, religion, sex, and financial status. Domestic violence destroys any family or relationship it touches, unless it is recognized, treated and stopped!" Domestic violence can take many forms from beatings, sexual assault, molestation, and even murder. Specific offenses covered include assault of any kind, threatening and intimidating, kidnap or false imprisonment, and trespass. The law also protects family members against fighting, unreasonable noise, abusive language and reckless use of a weapon or dangerous instrument. Because of the family relationship, victims of domestic violence usually feel afraid, ashamed, and embarrassed. Many are convinced that they did something to deserve the abusive treatment and most feel powerless to change the situation or escape from it. Everyone in a family affected by domestic violence wants to believe that each incident of violence will be the last. Unfortunately, statistics show that the violence tends to become more frequent and more severe with each occurrence. It is important to remember domestic violence is a crime and there is no need to suffer in silence. Help is available for both the victim and the offender. There are provisions in the domestic violence law which permit police officers to arrest the offender based on evidence that an offense has occurred. The officer does not have to witness the offense. This law also provides that an offender may be arrested even if the victim is unwilling to press charges. These are important factors in protecting the victims from repeated violence and helps to break the cycle of abuse.
Who is affected by the law?Arizona Revised Statutes defines the affected relationships involved as follows:
Things to consider in a domestic violence situation:
For your safety call the policeWhen a police officer arrives, describe what happened. Tell the officer about any injuries such as bruises, cuts, redness, or tender areas. Also let the officer know if anyone else witnessed the incident and can support your statement. The officer will decide if there is enough evidence to make an arrest. If arrested, the offender will be taken away and secured until appearing before a magistrate who will determine the terms and conditions of the release. Once an offense is referred to the courts for action, you, the victim, will be kept informed of all aspects of the proceedings according to the victims' rights law. Victims of crime are encouraged to participate in the judicial process. The penalties for an offender found guilty of domestic violence related crime vary greatly. The court may be able to order the offender into a counseling program to begin breaking the cycle of violence.
Order of ProtectionA final step to safeguarding you and your family against repeat violence is to ask for an Order of Protection. An Order of Protection may be issued by any court. If you live in Scottsdale and work in Phoenix you may get an Order of Protection through the Phoenix court during your lunch time. Find the court closest to you and most convenient and go there. It is worth the effort and gives the police a useful tool in helping you. An Order of Protection is an official court document notifying the offender that he or she has been placed under specific restrictions. For example, the offender may be ordered not to commit any further acts of violence, to stay away from your home, school, or work place , not to harass you or other members of your family in any way. Other restrictions can be applied as needed to conform the order to your specific situation. Once your request for an Order of Protection has been processed and filed , the order is served on the offender. Once served, he or she has the right to protest the action in a hearing before a judge if application for the hearing is made according to instructions and within the time limits imposed. You have the right to protest this action and have the right to bring witnesses to the hearing to testify in your behalf. When an Order of Protection has been served on the defendant, he or she is prohibited by law from violating it. If the defendant disobeys the order, he or she can be arrested for this violation in addition to any other crimes committed. Always keep a certified copy of the order itself and of the Affidavit of Service, which shows that the defendant received the order. The Sheriff's Office in the county in which the plaintiff resides keeps records of all current orders (Arizona Revised Statutes 13-3602.k). However, if you do need to call the police to report a violation, it will save time if you have these copies handy to show the officer. It is possible that the computer records are a few weeks behind, so if you have just served the order there may be no record yet. For this reason , it is wise to keep a certified copy of the order and Affidavit of Service. Emergency Orders of Protection are available through any police officer. Emergency Orders expire at the end of the next business day. You should get a regular Order of Protection from the court before the Emergency Order expires. Family Advocacy CenterThe Phoenix Police Department's Victim Services Unit is located at the City Family Advocacy Center to provide advocacy and counseling services. This center, located at 2120 North Central Avenue, also provides victims the opportunity to obtain a variety of additional services without having to travel to multiple locations. These include investigative services, assistance with an Order of Protection, crisis counseling, support groups and shelter access and emergency housing assistance. For more information on the services provided, please call the Family Advocacy Center at 602- 534-2120. Referrals/Advice
Crisis/Emergency Help
Drug/Alcohol Abuse
Family Shelters/Counseling
Temporary Shelter for Children
(all numbers verified 12-12-2000) |
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