The state plan on domestic and sexual violence

              STATE OF ARIZONA

JANET NAPOLITANO OFFICE OF THE GOVERNOR MAIN PHONE: 602- 542- 4331

GOVERNOR 1700 WEST WASHINGTON STREET, PHOENIX, AZ 85007 FACSIMILIE: 602- 542- 7601

June 3, 2004

Dear Community Members, Policy Makers, and Advocates:

The crimes of domestic violence and sexual assault have far reaching consequences in

communities, affecting children and families throughout the State. We must begin to address the

unmet needs of the victims and the children, and we must do more to both prevent abuse and

hold offenders accountable for their crimes.

In Arizona today, 2 out of every 3 women who seek shelter will be turned away, a child

will witness domestic violence every 36 minutes, and nationwide, a woman will be raped every

two minutes. These are all reasons why I directed my Commission to Prevent Violence Against

Women to develop the State Plan on Domestic and Sexual Violence. This blueprint will assist

with identifying ways to improve Arizona’s response to these public health and safety issues.

I am grateful for the hard work and dedication of those who helped to create this State

Plan. However, documents like this get created every year with the best of intentions, but wind

up collecting dust on bookshelves. Now we must roll up our sleeves and get to work on some

very tough issues that will take significant leadership from all areas of the community, including

the courts, law enforcement, social services, business leaders, elected officials, and clergy. I want

to encourage every citizen to familiarize him or herself with this important State Plan and join

me in working to end violence against women in Arizona.

Yours very truly,

Janet Napolitano

Governor

2 The State Plan on Domestic & Sexual Violence:

Introductory Letter from Governor Janet Napolitano 1

Contents 3

Executive Summary 5

Chapter 1: Defining the Problem 11

Chapter 2: Arizona’s Response 17

Chapter 3: Prevention/ Early Intervention 21

Recommendations

Chapter 4: Victim Services/ Crisis Response 25

Recommendations

Chapter 5: Criminal Justice Recommendations 31

Chapter 6: Offender Treatment and Accountability 35

Recommendations

Chapter 7: Sexual Violence Recommendations 39

Chapter 8: Data Collection Recommendations 43

Chapter 9: Children Who Witness Domestic Violence 47

Recommendations

Chapter 10: Implementation Process 53

CONTENTS

A Guide for Safety & Justice in Arizona - June 2004 3

Appendices 55

A Contributors to The State Plan on 57

Domestic and Sexual Violence:

A Guide for Safety and Justice in Arizona

0 Governor’s Commission To Prevent 57

Violence Against Women

0 Advisory Board 59

0 Committee Members 59

0 Governor’s Office for Children, 65

Youth and Families,

Division for Women Staff

B A Timeline of Key Events in the History of 67

Domestic and Sexual Violence ( 1970s – 2000s)

C Myths and Facts about Domestic Violence 71

D Glossary of Terms and Acronyms 73

E Arizona Revised Statues for 77

Domestic Violence and Sexual Assault

F References 91

4 The State Plan on Domestic & Sexual Violence:

Domestic and sexual violence are crimes of power and

control, and they are public health and safety issues

occurring in epidemic proportions in our country. One in

three Arizona women will be a victim of domestic violence.

One in five women will be sexually assaulted in her lifetime.

The implications of domestic and sexual violence extend

beyond individual families, to workplaces and entire

communities. Of particular concern is the negative, long-term

impact on the millions of children who witness violence

every year.

In 2003, Governor Napolitano charged the Commission to

Prevent Violence Against Women with the task of creating a

State Plan on Domestic and Sexual Violence. Subcommittees

were formed around the following subject areas:

0 Prevention/ Early Intervention

0 Victim Services/ Crisis Response

0 Criminal Justice

0 Offender Treatment and Accountability

0 Sexual Assault

0 Data Collection

Subcommittee membership was open to the public, and

participants included Commissioners as well as individuals

with expertise in each subject area from around the state.

This document is the result of months of input by more than

150 people. Each subcommittee generated recommendations

and submitted those with the highest priority to the

Commission.

The State Plan consists of over 50 broad reaching

recommendations, including 13 that have been separated into

a special Children's Chapter that specifically addresses the

needs of children who witness domestic violence.

Executive Summary

Executive

Summary

The State Plan on

Domestic and Sexual

Violence: A Guide for

Safety and Justice in

Arizona

A Guide for Safety & Justice in Arizona - June 2004 5

To ensure that the State Plan will become reality, the Governor

has asked the Commission to prepare for the process of

implementation design.

Implementation strategies and action plans will be developed

that can be applied to the various parts of the system such as

law enforcement, the courts, social services and health care. By

working together to implement these recommendations,

Arizona will be able to make significant progress towards

ending violence against women.

Prevention/ Early Intervention

0 Identify families at risk via points of regular contact

( schools, medical, etc)

0 Increase prevention curriculum in education settings

0 Enhance the faith based response

0 Raise public awareness around elder and vulnerable

adult abuse

0 Encourage employers to provide public awareness and

information to employees

0 Develop a multi- lingual media public awareness

campaign

Victim Services

0 Increase availability of family advocacy centers and

sexual assault service provider centers statewide

0 Protect victims of domestic violence from eviction

0 Increase civil and criminal legal representation for

victims

0 Develop more appropriate services for specialized

populations, including immigrant victims

0 Create a forum for discussing systems changes for law

enforcement, the courts and judicial responses to

domestic and sexual violence

0 Strengthen coordination of SACT ( State Agency

Coordinating Team)

0 Determine best method of accrediting/ licensing

domestic violence shelters

Summary of Arizona

State Plan

Recommendations for

Domestic and Sexual

Violence

6 The State Plan on Domestic & Sexual Violence:

0 Promote VAWA’s statutes on battered immigrant

women

0 Improve coordination of basic needs resources

such as Housing, Food Stamps, TANF and SSI

0 Create a uniform, statewide, standardized

curriculum for cross disciplinary training

Criminal Justice

0 Identify and document children and vulnerable

adults at the scene of domestic violence incidents

and assess needs

0 Create cross- disciplinary training, procedures and

protocols subcommittee

0 Centralize access to abusers’ conditions of release

to ensure victim safety

0 Promote knowledge and enforcement of existing

stalking laws

0 Standardize procedures statewide for obtaining,

enforcing and serving Orders of Protection across

jurisdictions

0 Develop procedures, policies and protocols to

address the issue of dual arrest

Offender Treatment/ Accountability

0 Increase access to information on abusers by Law

Enforcement, Courts, Probation

0 Create task force to assess and improve offender

treatment programs

0 Increase sanctions for non- compliance of court

orders

0 Develop guidelines for judges in determining

offender treatment

0 Ensure that warrants for non- compliance are

served in a timely manner

0 Provide offender treatment to felony offenders

while still in prison

0 Support the implementation of the Department of

Defense Task Force recommendations on

domestic violence at AZ military bases

From July 2001

through June 2002,

27,678 women & children

requested shelter in

Arizona.

Shelter was available

for 32%

Shelter was not available

for 68%

Almost 2 out of 3

requests were unmet

68%

Unmet Need

32%

Received

Shelter

Arizona Department of Economic

Security & Department of Health

Services, July 2001- June 2002

A Guide for Safety & Justice in Arizona - June 2004 7

Type of Abuse

0 32% Physical

0 21% Economic

0 34% Verbal/

Psychological

0 13% Sexual

Arizona Department of Economic

Security & Department of Health

Services, July 2001- June 2002

32%

Physical

21%

Economic

34%

Verbal/

Psychological

13%

Sexual

8 The State Plan on Domestic & Sexual Violence:

Sexual Assault

0 Increase capacity of the sexual violence community

to provide services, promote prevention, conduct

trainings, and create public awareness activities

statewide

0 Increase victim access to comprehensive crisis

services

0 Develop a formal training network focused on

sexual assault issues

0 Repeal Spousal Sexual Assault statute from

Arizona Revised Statutes

0 Allow forensic exams for victims who are unsure

they want to file a police report

0 Amend the sex assault statute to include multiple

levels of sex assault to increase chances of

prosecution

0 Create sex trafficking task force

0 Support the military’s efforts to respond to

allegations of sexual violence and to prevent future

abuse

0 Increase awareness about the incidence of sexual

violence on Arizona college campuses and promote

appropriate responses

Data Collection

0 Support continued development of the Court

Protective Order Registry ( CPOR)

0 Support local development of the National

Incidence Reporting System ( NIBRS)

0 Encourage use of automated case management

tools by service providers to increase efficiency in

reporting and to assist in identification of gaps in

services

0 Increase prosecution of sex crimes through the Sex

Crimes Analysis Network ( SCAN) and the Violent

Criminal Apprehension Program ( VICAP)

0 Work with the medical community to enhance data

collection on the rate of domestic and sexual

violence experienced by their patients

0 Encourage fatality reviews in each region to

improve services and coordination

0 Support domestic violence service providers

inclusion on the Homeless Management

Information System ( HMIS) as long as it is safe

to do so

0 Develop and support technology that will allow

single data entry for multiple databases

Children Who Witness Domestic Violence

0 Develop screening and assessment procedures

and trainings on responding to domestic

violence in the Child Protective System

0 Create new joint service models in order to

respond to families experiencing domestic

violence and child maltreatment

0 Discourage the use of potentially dangerous

intervention in cases of domestic violence

0 Identify best practices for working with battered

women who maltreat their children

0 Create safe visitation and exchange sites

0 Develop bench book and training for family

court judges and personnel

0 Establish Training standards for custody

evaluators

0 Develop cross trainings on impact of domestic

violence on children

0 Develop a continuum of services to children who

witness violence

0 Promote coordination of law enforcement and

schools, day cares, and youth agencies to address

the needs of children who have witnessed

domestic violence

A Guide for Safety & Justice in Arizona - June 2004 9

10 The State Plan on Domestic & Sexual Violence:

Domestic and sexual violence are not only crimes, they are

public health and safety issues occurring in epidemic

proportions in our state and nationally. One in three women

will be a victim of domestic violence in her lifetime, and one in

five women will be a victim of sexual violence. As many

women will be affected by domestic violence this year as the

number of men and women who will have heart attacks. 1 As

significant public health and safety issues, both domestic and

sexual violence require that the state, public officials and the

public invest in finding a cure. The State Plan on Domestic

and Sexual Violence: A Guide for Safety and Justice In

Arizona is the first step in engaging all stakeholders in a

common vision to that end.

Domestic violence is defined as “ a pattern of

behavior used to establish power and

control over another person through fear

and intimidation, often including the threat

or use of violence.” 2 Domestic violence

includes physical abuse, sexual abuse, and

emotional/ psychological abuse. The goal of

all forms of domestic violence is to

intimidate the victim into a state of fear and

psychological dependence where the abuser

is in complete control. Many victims are also

financially dependent on the abuser, adding

an additional barrier to leaving the abusive relationship.

Moreover, the risk and severity of violence goes up when

women attempt to leave their violent relationships; The

National Bureau of Justice Statistics reports that the risk of

domestic violence- related assaults, including homicides,

increases immediately following separation.

Chapter 1: Defining the Problem

Defining the

Problem

Arizona’s State Plan on

Domestic and Sexual

Violence

_______________________

1 Dr. Dean Coonrod, “ Domestic Violence as Public Health Issue,”

presented 4/ 27/ 04

2 National Coalition Against Domestic Violence, www. ncadv. org

" To effectively address domestic

and sexual violence, victims must

have services, offenders must be

held accountable, and programs

must focus on preventing

intergenerational violence."

Governor Janet Napolitano

State of Arizona

A Guide for Safety & Justice in Arizona - June 2004 11

Like domestic violence, rape is a crime of power and control.

Myths that rape only happens to young, beautiful women

wearing provocative clothing perpetuate the idea that rape is a

crime of passion, when in fact all women are vulnerable to

rape, regardless of age, race, class, education or physical

appearance. Research also shows that 60- 75% of rapes are

premeditated and motivated by aggression and hatred, not

sex. 3 Another myth perpetuated about rape is that most

rapists attack women they do not know. In fact, the Rape,

Abuse, Incest National Network ( RAINN) reports that

approximately 66% of sexual assault victims know their

assailants. 4 However, only 39% of rapes and sexual assaults

are reported to law enforcement, and rapes committed by

acquaintances are much less likely to be reported than stranger

rapes. 5

The National Bureau of Justice Statistics reports that domestic

violence is the leading cause of injury for women ages 15- 44.

The number of men and women who will suffer from a heart

attack per year ( 1.5 million) is the same as the number of

women who are affected by domestic violence in a year.

In 2003, 9,473 women and children received services in Arizona

shelters, but that number represents only one- third of the

people who requested shelter — almost 2 out of 3 requests

were unmet as a result of a lack of shelter beds. 6 Women are

not the only victims. The Arizona Department of Economic

Security reports that 48% of individuals who spent time in

shelter in 2003 were children. Children are also vulnerable to

sexual violence— RAINN estimates that 44% of rape victims

are under the age of 18, and 15% are under the age of 12. Men

are also victimized by both domestic and sexual violence,

although not at the same rates as women or children.

Violence Against

Women as a Public

Health Issue

_______________________

3 Minnesota Center Against Sexual Assault

4 RAINN ( Detailed breakdown: 48% friend or acquaintance; 30% stranger;

16% intimate; 2% other relative; 4% relationship unknown

5 Ibid

6 Arizona Department of Economic Security

12 The State Plan on Domestic & Sexual Violence:

According to the Blue Shield Against Violence Foundation,

intimate partner violence accounts for 37% of women’s visits

to the emergency room, the most expensive location in which

care is provided. A National Bureau of Justice Statistics study

found that 63,800 victims of rape or sexual violence were

treated in US emergency departments in 1994.7 According to

a 1996 study by the National Institute of Justice, the average

rape costs $ 5,100, with the majority coming from medical and

mental health care costs. 8 Three percent of healthcare

spending and 14% of injury related spending is due to

interpersonal violence. Medical costs associated with domestic

violence are $ 1.8 billion! 9

While organizations such as the American Medical

Association, the American Academy of Pediatrics, and the

Association of Women’s Health, Obstetric and Neonatal

Nurses have stated that screening for domestic violence

should be a standard practice in medical settings, but

screenings are still not routinely conducted.

Domestic and sexual violence are public safety issues that

require the attention of law enforcement, the courts, probation,

and corrections systems. Violence against women necessitates

the attention of specialized law enforcement investigation

teams and prosecutors. According to a 2002 Governor’s Office

survey of Arizona law enforcement agencies, police responded

to a call involving domestic violence every 5 minutes and an

arrest was made every 19 minutes. In 2003, there were 100

domestic violence- related homicides in Arizona. 10 Domestic

violence is one of the most dangerous calls law enforcement

officers respond to. Not only are domestic violence incidents

dangerous to victims and law enforcement, but also to

neighbors, bystanders, family members and other witnesses.

Violence Against

Women as a Public

Safety Issue

_______________________

7 U. S. Department of Justice, Office of Justice Programs, Bureau of Justice

Statistics

8 National Institute of Justice, “ Victim Costs and Consequences,” 1996.

9 Dr. Dean Coonrod, “ Domestic Violence as a Public Health Issue,”

presented 4/ 27/ 04

10 Arizona Coalition Against Domestic Violence, www. azcadv. org

A Guide for Safety & Justice in Arizona - June 2004 13

Nationally, more than 3 million and perhaps as many as 10

million children witness domestic violence each year. In

Arizona in 2002, law enforcement reported responding to

14,560 scenes of domestic violence where at least one child was

present. This translates into one or more children being

exposed to domestic violence every 36 minutes. Violence

against women has a multitude of negative consequences for

children including: depression, anxiety, poor academic

performance, and an increased likelihood to become

abusive or be abused as an adult. Growing up in an

abusive environment makes men more likely to be abusive

and women more likely to become victims. 11 There also is

a high rate co- occurrence of domestic violence and child

abuse. Research shows that the overlap between domestic

violence and child abuse is between 30 and 60%. 12 In a

recent Arizona Republic article, David Berns, Director of

the Arizona Department of Economic Security, expressed

the clear link between domestic violence and child abuse,

" As we learn the connections and become a bit more

sophisticated in our approaches, we learn that we can't

keep kids safe unless we keep their moms safe."

Violence and Children

_______________________

11 Edleson, Jeffrey L., Ph. D.( 1999) “ Problems Associated with Children's

Witnessing of Domestic Violence.” University of Minnesota, School of

Social Work.

http:// www. vaw. umn. edu/ documents/ vawnet/ witness/ witness. html

12 Family Violence Prevention Fund, “ The Effects of Domestic Violence

on Children” www. endabuse. org

" As we learn the

connections and become

a bit more sophisticated

in our approaches, we

learn that we can't keep

kids safe unless we keep

their moms safe."

David Berns, Director

Arizona Department of Economic

14 The State Plan on Domestic & Sexual Violence:

Domestic violence does not stay in the home— in fact, the

Department of Justice estimates that 13,000 incidents of

violence take place in the workplace annually against

women by their intimate partners. 13 The workplace can be

dangerous for victims because their abusers know exactly

where to find them during work hours. A person who is

stalking, threatening, or actually committing violent acts can

follow the victim to work, resulting in adverse outcomes for

her and her co- workers. Those abusers who do not show up

in person at the victim’s workplace may use the telephone or

e- mail to harass or stalk, resulting in intimidation and

further loss of productivity. 14 The Bureau of National Affairs

estimates that domestic violence costs American businesses

as much as $ 5 billion a year in lost productivity and

increased health care costs, with an estimated 8 million days

of work productivity lost annually. Arizona employers have

united their efforts to combat workplace violence in the

Employers Against Domestic Violence organization ( EADV).

EADV reports that the majority of workplace violence

incidents in Arizona are domestic violence related.

It is evident that domestic and sexual

violence are pervasive in our state. To

begin to impact real reform, domestic

and sexual violence must be understood

as public health and safety issues that

impact all segments of our society.

Violence Against

Women and the

Workplace

_______________________

13 “ Violence and Theft in the Workplace,” U. S. Department of Justice,

July, 1994

14 “ Costs of Intimate Partner Violence Against Women in the United

States” http:// www. cdc. gov/ ncipc/ pub- res/ ipv_ cost/ index. htm

A Guide for Safety & Justice in Arizona - June 2004 15

16 The State Plan on Domestic & Sexual Violence:

In keeping her pledge to address domestic and sexual violence,

Governor Napolitano, in 2003, appointed 57 members to the

Governor's Commission to Prevent Violence Against Women.

The Commission reflects the ethnic and regional diversity of

Arizona and includes representation from victim services,

offender treatment, law enforcement, prosecution, the courts,

the business community, the medical community, the mental

health community, children’s services, aging services, state

agencies, advocacy groups, survivors, and populations at risk.

The purpose of the Commission is threefold:

0 To unite and enhance statewide efforts to prevent

and end violence against women

0 To serve as a clearinghouse for domestic and sexual

violence related work in Arizona

0 To develop recommendations for appropriate

policy and legislation.

In developing this Plan, the Commission has provided both

vision and leadership. Commission members chair and/ or

participate on ad hoc subcommittees, serving as

representatives of their region or areas of expertise, and

provide invaluable information and perspective on critical

issues affecting Arizona citizens.

Chapter 2: Arizona’s Response

Developing the

State Plan

2.1 The Governor’s

Commission to Prevent

Violence Against

Women

A Guide for Safety & Justice in Arizona - June 2004 17

The State Plan was developed by six subcommittees:

0 Prevention/ Early Intervention

0 Victim Services/ Crisis Response

0 Criminal Justice

0 Offender Treatment and Accountability

0 Sexual Assault

0 Data Collection

The subcommittees were co- chaired by Commission members and

began meeting monthly in June of 2003. Over 150 stakeholders

participated in these meetings, including members of the public

and individuals with expertise in each subject area.

Subcommittees prioritized recommendations based on three

factors:

1. The likelihood of the recommendation reducing

domestic and sexual violence.

2. The cost of implementing the recommendation.

3. The feasibility of accomplishing the recommendation.

Recommendations that received the highest scores or were

otherwise deemed critical by the subcommittees are what make up

the State Plan.

2.2 Process of

Developing State Plan

18 The State Plan on Domestic & Sexual Violence:

Many of the recommendations developed by the

subcommittees focused on the effects of domestic and

sexual violence on children, with the hope that solutions

focusing on children can help prevent future generations

from becoming victims or perpetrators.

The recommendations in the Children's

Chapter complement recommendations

in Governor Napolitano’s CPS Action

Plan.

Once the subcommittees had completed

their work, an Advisory Board was

c o n v e n e d t o r e v i e w t h e

recommendations for consistency with

the guiding principles, to edit them to

ensure clarity and purpose, and to

address any remaining gaps. The

Advisory Board sent the Commission more than 60

recommendations, which include those in the Children’s

Chapter.

It is the goal of this State Plan to address each of the

problems identified through policy change, legislative

action, training protocol development, and a variety of other

activities at the state and local level. Law enforcement, the

courts, probation, corrections, the medical community, child

protective services, advocates, and citizens

need to come together to work on these

long- term sustainable solutions.

The recommendations contained within this

document do not simply restate the

problems of needed services and increased

funding. These recommendations propose

comprehensive solutions to difficult and

complex issues. A coordinated community

response that involves public and private

partners who care about and are impacted

by domestic and sexual violence is the key

to reaching this vision.

These recommendations propose

comprehensive solutions to difficult

and complex issues. A coordinated

community response that involves

public and private partners who care

about and are impacted by domestic

and sexual violence is the key to

reaching this vision.

A Guide for Safety & Justice in Arizona - June 2004 19

The Commission established the following guiding principles

that were used to develop the State Plan based on the vision of

reducing the incidence of domestic and sexual violence in

Arizona.

2.3 Guiding Principles

Guiding Principle 1

Increased Awareness And Understanding of The

Prevalence and Incidence of Domestic and Sexual Vio-lence

in Arizona.

Guiding Principle 2

Increased Efforts to Prevent Domestic and Sexual Vio-lence

Guiding Principle 3

Increased Collaboration and Coordination among Key

Guiding Stakeholders

Guiding Principle 4

Stakeholders to Respond More Effectively to Acts of

Violence Against Women and their Children

Guiding Principle 5

Increased Safety for Women and their Children

Guiding Principle 6

Increased Accountability for Offenders

20 The State Plan on Domestic & Sexual Violence:

Prevention strategies focus on protecting individuals from

becoming a victim or perpetrator of abuse. They also

include strategies that ensure that laws, regulations and

services allow individuals to live in communities that

demonstrate intolerance of abuse.

Early intervention strategies focus services on individuals

who have already been exposed to abuse and provide them

with support, information and resources that aim to

prevent the violence from continuing. Strategies include

ensuring that communities provide access to services that

help individuals reduce the negative consequences of

experiencing the abuse and that aid them in leaving an

abusive relationship or in getting the help they need to stop

the abuse.

The earlier that a family is screened for domestic or sexual

violence, the sooner that families can receive the help they

need to stop the violence. Ideal settings to screen for

exposure to violence include health care providers, Child

Protective Services, behavioral health providers, faith- based

institutions, schools, and other systems that have regular

interaction with families. At a minimum, personnel in

these systems need appropriate training on how to identify

domestic and sexual violence and information on where

families can be referred when issues are identified.

Chapter 3: Prevention/ Early Intervention

Recommendations

Prevention/ Early

Intervention: 3.1

Encourage agencies and

systems that have regular

contact with families to

routinely screen for exposure

to domestic and sexual

violence and assess for needed

services.

Recommendations

Prevention/ Early

Intervention

A Guide for Safety & Justice in Arizona - June 2004 21

Anyone can become a victim or perpetrator of violence, and

reaching kids in settings they normally attend is an effective

way to help them to know how to stay safe and understand

healthy relationships. Schools, after school programs,

childcare programs and grassroots and community- based

programs are ideal settings for educating children about the

dynamics of healthy relationships through age- appropriate

standardized violence prevention curriculum. Some

examples of effective violence prevention programs are

Breaking the Cycle out of Tucson, Bullying Prevention

programs by the Men’s Anti- violence Network ( MAN), and

the PAVE and BRAVE programs which are provided

through the Maricopa County area school systems.

Two out of every 3 Americans are affiliated with a religious,

spiritual, or faith- based group or organization and 1 out of

every 4 is an active member. Due to their large member

bases, faith- based institutions are uniquely positioned to

champion efforts to end violence against women and girls.

Because they are considered a safe place for families to

interact, faith- based institutions can also relay messages of

safety and support for victims and information on offender

accountability. Faith- based communities can respond by

educating the congregation through sermons, participation

in awareness month activities, community events, and

monthly newsletters. In the last several years, the Arizona

faith community has undertaken significant efforts to train

clergy and lay leaders to recognize and address the signs of

abuse within their congregates. It is important that these

training efforts continue.

Prevention/ Early

Intervention: 3.2

Provide schools and youth

agencies with evaluated,

approved and standardized

violence prevention

curriculum that can be used to

educate children and teens

about the dynamics of

domestic violence and healthy

relationships.

Prevention/ Early

Intervention: 3.3

Encourage faith- based

institutions to create

awareness among their

congregations on domestic

and sexual violence, to

provide appropriate responses

and resources to individuals

who disclose abuse, and get

involved in community efforts

that aim to prevent violence

against women.

22 The State Plan on Domestic & Sexual Violence:

According to the National Center on Elder Abuse,

“ vulnerable adult” is defined as a person who is either

being mistreated or in danger of being mistreated or

neglected, and who, because of age and/ or disability, is

unable to protect him/ herself. " There are nearly 17,000

nursing homes in the United States that currently care for

1.6 million residents — a figure expected to quadruple to 6.6

million residents by 2050" ( U. S. House of Representatives,

Committee on Government Reform- Minority Office.) Eye

witness accounts and surveys have sadly shown that

nursing home abuse and neglect is a serious problem, and

that there also is significant underreporting. Major

underlying causes of elder mistreatment, according to

findings of the National Academy of Sciences Panel to

Review Risk and Prevalence of Elder

Abuse and Neglect, are: stressful

working conditions, staff shortages,

staff burnout, and inadequate staff

training.

In addition to nursing homes, elder

or vulnerable adults who are cared

for by family members are also

susceptible to abuse. In fact, 90% of

reported cases of elder abuse are

committed by a family member.

Family members need support to deal with the stress of

having an older parent or vulnerable adult living with

them. They need to be able to identify the warning signs of

abuse and to know where to get help for themselves and/ or

the victims of abuse.

Prevention/ Early

Intervention: 3.4

Raise public awareness

about the problem of elder

and vulnerable adult abuse.

" There are nearly 17,000 nursing

homes in the United States that

currently care for 1.6 million residents

— a figure expected to quadruple to

6.6 million residents by 2050."

U. S. House of Representatives, Committee on

Government Reform - Minority Office.

A Guide for Safety & Justice in Arizona - June 2004 23

Domestic violence is estimated to cost employers between $ 3

and $ 5 billion annually in health care costs, absenteeism,

security and other related costs. Employers can be an

important ally and support system for their employees and

can do the following to support employees who may be

experiencing domestic violence, including: adopting policies

on domestic violence in the workplace; regularly providing

training to human resources directors, management, and

employees on issues related to domestic violence; and

ensuring that resource information is available for

employees. Networks such as the Employer’s Against

Domestic Violence ( EADV), which was started in Maricopa

County in 1999 and now has over 100 employers as

members, are effective in creating public awareness, raising

money for programs, and providing resources to other

employers. EADV has plans to expand statewide.

Media and community education campaigns have proven to

be tremendously effective in addressing many types of

public health and safety hazards such as drunk driving,

cigarette smoking and breast cancer screening. Media and

community awareness campaigns can serve a vital role by

providing critical information for potential victims and

abusers as well as engaging other members of the

community in a show of public intolerance for domestic and

sexual violence. In addition, it is important that campaigns

are designed to be ongoing, culturally and linguistically

relevant, and age- appropriate. In order to reach the largest

possible audiences, media campaigns and community

efforts should be easily reproducible in formats that are easy

to display, such as posters and brochures, as well as

utilizing radio and television public service announcements.

Prevention/ Early

Intervention: 3.5

Encourage employers to be

proactive in response to

domestic violence experienced

by their employees and to be

leaders in the community

promoting violence

prevention.

Prevention/ Early

Intervention: 3.6

Raise awareness through

the media and community

efforts.

24 The State Plan on Domestic & Sexual Violence:

Recommendations found in this section are referred to as

third tier prevention strategies, which aim to help

individuals who have already suffered negative

consequences from domestic and/ or sexual violence from

experiencing on- going adverse effects. Strategies include

allowing victims to reestablish safe, stable, healthy and

self- sufficient lives for themselves and their families, and

ensuring that victims have access to services and support

that protect them from on- going victimization. The

recommendations are broken into two categories: direct

services and systems changes. Recommendations in the

direct services category concern victim- focused activities.

Recommendations under systems changes focus on changes

in policies, protocols, and procedures that will impact

victim services, but don’t impact the victim directly.

Arizona currently has a tremendous network of 13 Family

Advocacy Centers throughout the state. Family Advocacy

Centers ( FACs) provide a unique array of services to victims

in one location including: providing needed referrals and

services, such as counseling or support groups; attending to

medical needs or examinations; and obtaining Orders of

Protection via remote access to the courts. FACs also assist

in the collection of forensic evidence in the instance of a

sexual assault or take pictures after a domestic violence

incident. Some FACs have law enforcement on the

premises, which can be helpful in filing a legal complaint

against an abuser. While it is helpful for law enforcement to

be on the premises, interaction with them should not be a

requirement for accessing services offered by FACs.

Victim Services/ Crisis

Response - Direct Services:

4.1

Encourage the development

of Family Advocacy Centers

Statewide that will be

supportive of victims of

domestic and sexual

violence.

Recommendations

Victim Services/ Crisis

Response

Chapter 4: Victim Services/ Crisis Response

Recommendations

A Guide for Safety & Justice in Arizona - June 2004 25

“ Crime Free/ Drug Free Addendums” are housing policies

that allow landlords to evict a tenant( s) if police are called or

a crime is committed in the residence of a multi- family

housing unit. Oftentimes, landlords have used these policies

as a reason for serving eviction papers on victims following

a domestic violence episode. This can deter victims from

reaching out for help for their abuse for fear of being

evicted.

The creation of more emergency shelter, as well as

transitional and permanent housing units is necessary so

that victims and their children remain safe and are not

forced to return to their abusers due to lack of options. In

Arizona today, 2 out of every 3 women and children who

request shelter are turned away, and the lack of affordable

housing options fails to satisfy the demand. As a

consequence, many victims and their children have very few

options for finding an escape from the abuse and, oftentimes

become homeless. Homeless service providers also need to

be prepared to respond to victims of domestic violence.

Victims need access to legal representation to ensure that

their rights are represented in criminal and civil matters.

Adequate and affordable legal representation is especially

critical at a time when abusers use power and control tactics

to gain advantage over their victims, particularly in custody

and divorce proceedings. However, many victims of

domestic violence cannot afford legal counsel and there are

currently insufficient free legal services to support the

demand. Attorneys should be encouraged through the State

Bar and their employers to volunteer services. Employers

should also be encouraged to offer attorneys pro bono credit

or other incentives to volunteer.

Victim Services/ Crisis

Response - Direct Services:

4.2

Crime free housing policies

should hold harmless those

victims of domestic violence

who contact police to

respond to an incident of

domestic violence.

Victim Services/ Crisis

Response - Direct Services:

4.3

Support the development

of housing options,

including emergency,

transitional, and permanent

housing, for victims of

domestic violence trying to

escape abuse.

Victim Services/ Crisis

Response - Direct Services:

4.4

Provide access to legal

representation and

advocacy in both civil and

criminal matters so that

victims may seek justice and

safety from abuse.

26 The State Plan on Domestic & Sexual Violence:

Victims from specialized populations require unique

services. Specialized populations include persons with

severe mental illness ( SMI) and/ or drug and alcohol

addictions, the elderly, multicultural, LGBT, refugees and

undocumented persons from other countries, survivors of

trafficking, families with teen boys, male victims, persons

with developmental or physical disabilities, teens, HIV+ and

children. To best serve these victims, existing service

providers need to develop partnerships with organizations

that have expertise in specialized populations and can

provide access to resources. Greater collaboration and cross-trainings

will help ensure that all facets of a victim’s profile

are understood and addressed.

The more a client has input into his or her own case plan,

the increased likelihood for success of self- sufficiency. An

empowerment- based model for case management and

assessment ensures that victims receive the services they

need to reach self- sufficiency in the time they are in shelter.

The Need for Services Assessment instrument is one

example of such a tool being used by a number of shelters

statewide to assess victim’s needs at various points during

their stay in shelter. This instrument also allows shelter

staff to appropriately identify trends so that programs can

structure their services to meet the needs of their clients.

Victim Services/ Crisis

Response - Direct Services:

4.5

Encourage service providers

to develop partnerships

with organizations that

have expertise in

specialized populations and

can provide access to

resources.

Victim Services/ Crisis

Response - Direct Services:

4.6

Encourage service providers

to use a client- driven,

empowerment case

management tool, such as

the Need for Services

Assessment ( NFSA).

A Guide for Safety & Justice in Arizona - June 2004 27

A review panel made up of domestic and sexual violence

advocates, first responders, legal and law enforcement

professionals, community members and survivors could

review complaints from victims, address systems issues, and

recommend areas of needed improvements. Ideally the

panel would serve as a sounding board for people who

come into contact with these groups and to make

recommendations for better serving victims and systems

changes. Recently, SB1237, signed by the Governor in the

2004 Legislative Session, creates a review panel and process

for making complaints against custody evaluators and other

psychologists who are part of cases in the domestic relations

court.

SACT is made up of eight state agencies that in some way or

another fund domestic and sexual violence services

including: the Arizona Criminal Justice Commission;

Arizona Department of Housing; Arizona Supreme Court

Administrative Office of the Courts; Arizona Department of

Economic Security; Arizona Department of Health Services;

Arizona Department of Public Safety; Governor’s Office for

Children, Youth and Families ( Division for Women); and the

Office of the Arizona Attorney General. The mission of

SACT is “ to collaboratively assess needs, maximize state and

federal resources, support intervention and prevention

activities, and improve quality services for domestic

violence and sexual assault victims while positively

influencing family violence policies and practices.” Each

year, SACT reports on their coordinated activities and sets

their strategic plan for the following year. SACT should

continue to coordinate its efforts and determine how to

maximize their collective funding for systems change.

Victim Services/ Crisis

Response - System Changes:

4.8

Strengthen the

coordination of activities

and priorities of the state

agencies with regards to

domestic and sexual

violence through the State

Agencies Coordinating

Team ( SACT).

Victim Services/ Crisis

Response - System Changes:

4.7

Create and implement an

Ombudsman or review

panel for first responders

including law enforcement

and the Courts.

28 The State Plan on Domestic & Sexual Violence:

Victim Services/ Crisis

Response - System Changes:

4.9

Determine best method of

accrediting or licensing

domestic violence shelters.

Although most domestic violence shelters are not

behavioral health treatment facilities, The Department of

Health Services, Office of Behavioral Health Licensure

currently regulates them. While many victims may suffer

from behavioral health symptoms, their victimization is

not an indication that they suffer from a mental illness.

The purpose of domestic violence shelters is to provide

safety for women and their children seeking refuge from

abuse, and having behavioral health license domestic

violence shelters implies that this is a behavioral health

issue. Other appropriate forms of accrediting and

licensing of domestic violence shelters need to be explored

and considered.

The 2000 reauthorization of the federal Violence Against

Women Act ( VAWA) provides a number of protections for

battered immigrant women ( BIW). Oftentimes, BIW face a

myriad of obstacles such as fear of deportation, having

their children taken away by their abusive partner,

language barriers, and trouble accessing services they are

entitled to under VAWA. Many service providers in the

community, including victim advocates, faith- based

groups, first responders and law enforcement, do not

know of the protections afforded under the Violence

Against Women Act. Therefore, more needs to be done to

educate and train those who might come into contact with

battered immigrant. Through a grant from the

Department of Justice, the Governor’s Office has assisted

in the development of regional teams to address the issue

of identifying and serving battered immigrant women in

the border communities. Continuing to support these

teams is critical to addressing the training and resource

needs of battered immigrant women in the state.

Victim Services/ Crisis

Response - System Changes:

4.10

Improve the delivery of

services to battered

immigrant women,

including improving access

to the provision of the

Violence Against Women

Act that allows battered

immigrant women to self-petition

for citizenship

status.

A Guide for Safety & Justice in Arizona - June 2004 29

Survivors of domestic violence, particularly those who are in

domestic violence shelters, need access to mainstream

resources that can assist them in becoming self- sufficient and

safe. The Governor’s Children’s Cabinet is developing ways

to streamline eligibility criteria for programs, ensuring

clients’ access to all services that they are entitled to, and

creating maximum utilization of programs by eligible

families. Survivors of domestic violence will benefit from

these efforts as well.

A uniform, statewide, standardized domestic violence

training curriculum for health care professionals, social

workers, counselors, law enforcement, criminal justice

( including prosecution, courts, and probation), mental health

professionals, substance abuse counselors, and first

responders would promote greater consistency in service

delivery. This would help to assist those who come into

contact with victims and abusers to better respond to their

needs. By working together in a multi- disciplinary

approach, service delivery systems will promote more victim

safety and abuser accountability.

Victim Services/ Crisis

Response - System

Changes :

4.12

Create a uniform,

statewide, standardized

curriculum for cross-disciplinary

training.

Victim Services/ Crisis

Response - System Changes:

4.11

Improve the coordination of

basic needs ( aka

mainstream) resources such

as housing, food stamps,

TANF and SSI so that they

are accessible to victims/

survivors.

30 The State Plan on Domestic & Sexual Violence:

Recommendations under this heading focus on the law

enforcement, prosecutorial and judicial responses to

domestic and sexual violence incidents. Both systems level

and practical issues need to be addressed in order to ensure

victim safety and abuser accountability. Issues involving

service and process of Orders of Protection are also a key

focus of this section.

Policies and procedures should be established for law

enforcement to identify children and vulnerable adults

present at all domestic violence scenes, whether or not the

children or vulnerable adults are victims or witnesses in any

particular case. Presently, unless they are direct victims of

abuse or witnesses, they are rarely offered services or

documented in police incident reports. By consistently

identifying these children and vulnerable adults, service

needs can be determined and provided, thereby reducing

the likelihood of future domestic violence. Pima County’s

Breaking the Cycle program is an excellent example of how

best to accomplish this goal, where law enforcement officers

call Crisis Response Teams to scenes where children are

present. Volunteers on the Crisis Response Teams provide

age- appropriate information and resources to the families

and children. In addition, the Pima County Attorney’s

Victim Witness Program follows up with the families and

children.

Recommendations

Criminal Justice

Chapter 5: Criminal Justice Recommendations

Criminal Justice: 5.1

Identify children and

vulnerable adults present at

all domestic violence

scenes.

A Guide for Safety & Justice in Arizona - June 2004 31

Offenders released from custody must comply with court-ordered

Conditions of Release such as staying away from

the victim both at home and work, surrendering firearms to

law enforcement, and reappearing in court at set dates.

Currently, offenders’ release conditions are not relayed to

victims, nor are they readily accessible to law enforcement

officers in the field in all 15 counties. Release conditions

would be a more effective accountability tool if they were

entered into a centralized database, similar to what occurs

for Orders of Protection. This database could then be easily

accessed by officers in the field, thereby increasing the

likelihood of enforcement of Conditions of Release.

According to the Stalking Resource Center of the National

Center for Victims of Crime, 88% of female homicide victims

and 68% of attempted female homicide victims were stalked

by their former partners. An equally alarming number of

women were stalked and killed by their current partners.

Stalking is a high predictor of lethality, and advocates, law

enforcement and other service providers need to have the

knowledge and skills to adequately respond to victims who

are being stalked by providing victims with safety planning.

Criminal Justice: 5.2

Ensure abuser’s conditions

of release are documented

and treated in a way that

ensures victim safety.

Criminal Justice: 5.3

Provide information to the

community, law

enforcement, the courts,

and advocates about the

issues of stalking, laws

related to stalking, and how

to develop a safety plan for

someone who is being

stalked.

32 The State Plan on Domestic & Sexual Violence:

An Order of Protection is a critical tool that victims of

domestic violence have at their disposal, to help ensure their

protection and safety from an abuser who may not be in

police custody. Presently, there are many different policies,

procedures and practices regarding how Orders of

Protection are issued and served throughout the state. To

increase the intended validity and credibility, an Order of

Protection should be treated the same regardless of the

jurisdiction in which it was issued, served or enforced.

Potentially, legislation may be needed to clarify that law

enforcement shall serve, or cause to be served, an Order of

Protection regardless of the jurisdiction in which it was

issued.

Arizona state law mandates arrest of one or both parties in

domestic violence situations in which there probable cause

to believe there is an “ infliction of physical injury or a

discharge, use or threatening exhibition of a deadly weapon

or dangerous instrument”. 15 Where an officer is unable to

determine specifically which participant was the

predominant aggressor and which may be entitled to

consideration of self- defense, a dual arrest often results.

Along with training, dual arrest protocols and procedures

need to be developed so they are consistent throughout the

state. If protocols, procedures and training do not

adequately address the issue, legislation detailing a

“ predominant aggressor” definition and mandated training

may be necessary.

Criminal Justice: 5.4

Ensure that procedures for

obtaining, documenting,

serving and enforcing

Orders of Protection are as

similar/ consistent as

possible throughout the

state.

Criminal Justice: 5.5

Develop protocols,

procedures and training

modules for law

enforcement in order to

minimize the occurrence of

dual arrests.

_______________________

15 ARS 13- 3601, subsection B

A Guide for Safety & Justice in Arizona - June 2004 33

34 The State Plan on Domestic & Sexual Violence:

Holding offenders accountable for their crimes presents

many challenges for the courts, probation, law enforcement

and service providers. These challenges are, in part, a

result of limited resources, but also due to an inability to

adequately track offenders and provide appropriate

treatment. The following section outlines

recommendations for improving systems responses for both

offender accountability and offender treatment.

While Arizona has some of the most progressive domestic

violence laws in the country, we currently lack an adequate

criminal history database. As a result, in many cases,

domestic violence defendants are often considered to be

first time offenders even though they have a history of

documented abuse in another jurisdiction. This impedes

the ability of the police officer, prosecutor and judge to

fully hold the repeat offender accountable. ( See Data

Section for possible resources in developing a

comprehensive criminal history database on domestic

violence offenders.)

Recommendations

Offender Treatment

and Accountability

Offender Treatment and

Accountability: 6.1

Increase access to

information on abusers so

that law enforcement,

prosecutors and judges can

appropriately respond to

repeat incidents of

domestic violence

statewide.

Chapter 6: Offender Treatment and

Accountability Recommendations

A Guide for Safety & Justice in Arizona - June 2004 35

An offender treatment network consisting of members who

represent the ethnic, geographic and cultural diversity of the

State of Arizona, would increase the quality and

effectiveness of how offender treatment is delivered

throughout the state. Ideally, the offender treatment

network would develop best practice curriculum and

protocols for delivering offender treatment programs.

Additionally, the network would serve as a resource for

technical assistance for offender treatment providers

throughout the state.

Warrants for non- compliance and other court imposed

sanctions such as fines have been found to be an effective

means of holding offenders accountable and reducing

recidivism at the earliest stages of offending. Currently, the

City of Phoenix, through a grant funded by the US

Department of Justice, is providing supervised probation for

first time offenders of domestic violence. Under this “ pilot

program” the City is aiming to demonstrate that holding

offenders accountable through swift and immediate action at

the earliest stages will decrease case flow in the courts,

leaving more resources to focus on the most serious

offenders.

The Office of Behavioral Health Licensure ( OBHL), through

the Arizona Department of Health Services, has published

rules defining the length and content of offender treatment

programs that are licensed under the state. Currently, the

offender treatment licensing rules define the following: first

time abusers should be required to complete 26 treatment

sessions over at least a 4- month period; second time abusers

need a minimum of an additional 36 sessions; and third time

abusers should be required to complete 52 additional

sessions. Although OBHL rules are guidelines, whenever

possible, courts should require that offenders receive

treatment by OBHL licensed providers. Challenges may

exist for rural communities that may not have a licensed

provider network. OBHL should work with those

communities to help develop a strong treatment network.

Offender Treatment and

Accountability: 6.2

Create an Offender

Treatment Provider

Network to increase the

effectiveness of offender

treatment.

Offender Treatment and

Accountability: 6.3

Develop sanctions, such as

fees or warrants for non-compliance

of court orders.

Offender Treatment and

Accountability: 6.4

Adopt guidelines for judges

and service providers that

will guide them in

determining an abuser’s

treatment and schedule.

36 The State Plan on Domestic & Sexual Violence:

Currently, felony offenders of domestic violence are not

mandated to receive treatment while in prison. Once they

are released, they may be required to attend an Offender

Treatment Program as part of their release conditions.

Ideally, as a part of their incarceration, offender treatment

would be offered while offenders are still in prison and then

continued once they leave ( if not already completed).

Following a dramatic increase in domestic violence fatalities

among military personnel in 1999, the Defense Task Force

on Domestic Violence was created by the National Defense

Authorization Act in 2000. The Task Force made several

recommendations regarding the handling of domestic

violence cases by military installations. Military bases

around the country, including those in Arizona, are

working to implement these recommendations to provide

support to military families involved in domestic violence

and increase accountability for offenders. Communities

surrounding military bases need to work collaboratively

with those bases to ensure families living off base and

experiencing domestic violence are also receiving similar

services and treatment.

Offender Treatment and

Accountability: 6.5

Ensure that felony offenders

of domestic violence receive

offender treatment while

still in prison.

Offender Treatment and

Accountability: 6.6

Support the

implementation of the

recommendations from the

Department of Defense

Task Force on Domestic

Violence at Arizona military

bases.

A Guide for Safety & Justice in Arizona - June 2004 37

38 The State Plan on Domestic & Sexual Violence:

Sexual Violence is a violent crime that is underreported in

most communities. In fact, it is estimated that only 16% of

all sexual assaults ever come to the attention of law

enforcement, with only about 2% resulting in prosecution.

This is mainly attributable to the lack of support systems for

victims who report being “ re- victimized”. The

recommendations below attempt to identify strategies that,

when implemented, will significantly increase community

capacity to respond to sexual violence. This, in turn, will

likely lead to an increase in victims coming forward to report

their abuse.

The sexual violence community currently lacks a well- formed,

centralized alliance representing the best interest of all sexual

violence victims in the state. Ideally, stakeholders in the

sexual violence community would collaborate to promote

leadership on the issue, provide technical assistance to service

providers, provide training throughout the state, and

advocate for victims at the Arizona State Legislature on the

need for better defined and enforced sexual violence laws. A

well- formed alliance of sexual violence stakeholders would

geographically, culturally and ethnically represent the State of

Arizona.

Sexual Violence: 7.1

Increase the capacity of the

sexual violence community

to provide comprehensive

sexual violence services and

promote prevention,

training, and public

awareness activities

statewide.

Recommendations

Sexual Violence

Chapter 7: Sexual Violence Recommendations

A Guide for Safety & Justice in Arizona - June 2004 39

Sexual assault victims should have access to comprehensive

crisis services, including rapid, appropriate responses and

interventions that can minimize the detrimental and long-term

effects of the violence. Comprehensive services should

include, at a minimum, development of multidisciplinary

Family Advocacy Centers or sexual assault service provider

centers statewide and regular and on- going communication

among multi- disciplinary team ( MDT) partners. Each MDT

should include a trained forensic examiner, a law

enforcement officer, an advocate, and a prosecutor.

Trained professionals that respond to incidents of sexual

violence are essential for successful prosecution, offender

accountability and victim healing. Currently, sexual assault

training is sporadic and lacks uniformity across the state.

Professional training is needed in the areas of sexual

violence prevention/ education, sexual violence issues and

advances in practices, and sexual violence investigations.

Professionals who need training include crisis advocates,

members of the Sexual Assault Response Teams ( SARTs),

and partners in the multidisciplinary team ( MDT).

Arizona is one of only 7 states that separately define spousal

sexual assault in statute and the only state to maintain a

lesser criminal penalty. Further, only 10 states require

specific elements for prosecution not prescribed for non-spousal

victims, including Arizona. Rape can and does

occur in the context of marriage, and, according to a report

in the November/ December 2003 issue of Sexual Assault

Report, is the most common form of sexual assault,

occurring at least twice as often as stranger rape. Further,

rape by a spouse is more likely to reoccur rather than be a

one- time event. The Arizona legislature must address the

differences in law so that marital rape is not treated as a

lesser crime than stranger or acquaintance rape.

Sexual Violence: 7.2

Increase victims’ access to

comprehensive sexual

violence crisis services.

Sexual Violence: 7.3

Develop a formal training

network on issues of sexual

violence, from prevention

to crisis intervention to the

criminal justice response.

Sexual Violence: 7.4

Repeal the Spousal Sexual

Assault statute from the

Arizona Revised Statutes

( ARS).

40 The State Plan on Domestic & Sexual Violence:

Currently, forensic evidence must be collected within the first

120 hours after a sexual assault. If a victim of sexual assault

does not immediately wish to file a police report, he/ she is

not given the opportunity to receive a forensic exam within

the first 120 hours. Oftentimes, victims of sexual assault may

be too traumatized to immediately press charges. Victims

should be allowed to have forensic evidence collected within

the first 120 hours so that evidence is preserved if they want

to press charges at a later date.

Currently only 2% of sexual assault cases ever result in

conviction in Arizona. Many prosecutors attribute this to the

fact that there is only one classification of sexual assault, a

class 2 felony. Many states have up to 10 varying

classifications for sexual assault thereby increasing the

likelihood of conviction. Increasing the levels of sexual

assault in the Arizona Revised Statutes would likely increase

the conviction rate of sexual assaults leading to increased

accountability for sexual offenders in Arizona.

The Arizona and Mexico border has been identified as a main

entry point for sex traffickers and their victims. Sex

trafficking is a form of modern- day slavery and occurs when

a commercial sex act is induced by force, fraud, or coercion,

or when the person forced to perform such an act is under the

age of 18. Passage of the Trafficking Victims Protection Act

of 2000 made sex trafficking a serious violation of Federal

law. A task force made up of key stakeholders to collaborate

on issues related to sex trafficking is essential to help prevent

sex traffickers from continuing to use the border as an entry

point to transport victims throughout the country.

Sexual Violence: 7.5

Allow all victims of sexual

assault the ability to obtain

a forensic exam in the first

120 hours following the

incident regardless of

whether they immediately

report to law enforcement.

Sexual Violence: 7.6

Amend the Sexual Assault

Statutes in Arizona state

law to add varying levels of

sexual violence crimes.

Sexual Violence: 7.7

Create a task force to study

the severity of sex

trafficking in Arizona and to

develop strategies for

working with victims in

Arizona.

A Guide for Safety & Justice in Arizona - June 2004 41

Recently, escalating reports of sexual assault in all branches

of the military have brought to light serious system flaws in

reporting of sexual assault claims and assistance provided to

victims. The U. S. Department of Defense and Congress are

responding to this escalating trend by identifying steps that

need to be taken to better assist victims and hold

perpetrators accountable. Service providers in the state need

to be supportive of Arizona’s military bases’ implementation

of any changes that are ordered.

Women ages 16- 24 are four times more likely to be sexually

assaulted than women in any other age group, making the

college years especially vulnerable for young women.

Further, women in this age group who are in college are

more likely to be victims than women of the same age not in

college. Sexual assault on college campuses is much more

likely to be perpetrated by someone the victim knows.

Campus based resource centers should make available both

rape prevention and education programs as well as

intervention services for victims of sexual abuse. Prevention

programs need to target college women and be delivered by

both professionals and peers on campus. Also, campus law

enforcement agencies need to be prepared to immediately

respond to incidents of sexual violence to reduce trauma for

victims and enforce accountability for offenders.

Sexual Violence: 7.8

Support the military’s

efforts to identify the

problem of sexual abuse by

military personnel against

military personnel and to

develop solutions for how

to respond to victims and

perpetrators.

Sexual Violence: 7.9

Engage Arizona's public and

private colleges and

universities in raising

awareness about the

incidence of sexual violence

on campus and in

promoting appropriate

responses, both towards

the victim and the

perpetrator.

42 The State Plan on Domestic & Sexual Violence:

Reliable data is key to creating systems level changes. In

the domestic and sexual violence fields, data is currently

not collected systematically. There is a lot of anecdotal

evidence, but hard numbers are also needed in order to make

the case for the critical systems changes proposed in this

State Plan. Recommendations in this section pertain to the

collection of data from medical settings, the criminal

justice system and victim services.

The Uniform Law Enforcement Domestic Violence

Statistical Report developed by the Governor’s Office is

designed to collect data on law enforcement’s response to

domestic violence. This report represents some of the only

comprehensive domestic violence law enforcement data

available in the State and is primarily used for educating the

public and applying for funding. The form was recently

streamlined with questions to elicit more simplistic data in

an attempt to increase response rate and data accuracy.

Data Collection: 8.1

Continue to streamline the

Uniform Law Enforcement

Domestic Violence

Statistical Report used by

the Governor’s Office for

collecting law enforcement

data.

Recommendations

Data Collection

Chapter 8: Data Collection Recommendations

A Guide for Safety & Justice in Arizona - June 2004 43

In 1999, the Administrative Office of the Courts ( AOC)

developed a database, the Court Protective Order Repository

( CPOR), to allow court staff to input Orders of Protection

and Injunctions Against Harassment into a system that can

be accessed by law enforcement in the field and modified by

judges in courts across the state. CPOR is a data collection

tool, data repository, and data exchange mechanism for law

enforcement agencies and the courts. Not only does CPOR

increase the state’s ability to collect domestic violence data, it

also enables law enforcement to enforce violations of Orders

of Protection with an electronic record in the field, greatly

assisting to increase victim safety and abuser accountability.

NIBRS is part of a national effort to increase the amount of

data that is collected on all crimes, including domestic and

sexual violence. The benefits of using this type of system are

that it will provide an ability to do greater crime analysis

and give more detailed, accurate data. When completed,

NIBRS will furnish information on nearly every major

criminal justice issue facing law enforcement today. And

once fully implemented in Arizona, the prevalence of

domestic and sexual violence will be easier to determine in

Arizona.

ShelterBase is a database system for domestic violence

shelters and is intended to create greater efficiency by

allowing shelters to enter all information about a client into

one database. The database provides specific reports for

each funding agency. This method of streamlined reporting

is a tool for providers to create aggregate data on the clients

they serve, thereby creating more effective program

delivery. Providers need training and on- going technical

assistance in order to have the database work as an effective

and valid tool.

Data Collection: 8.2

Support the continued

development of the Court

Protective Order Repository

( CPOR) by the

Administrative Office of the

Courts ( AOC).

Data Collection: 8.3

Support the continued

development of the

National Incident Based

Reporting System ( NIBRS)

by the Arizona Department

of Public Safety ( DPS).

Data Collection: 8.4

Support the use of an

automated, consistent case

management tool by

domestic violence shelters.

44 The State Plan on Domestic & Sexual Violence:

The Department of Public Safety ( DPS) developed the Sex

Crimes Analysis Network ( SCAN) in 2001. SCAN allows

law enforcement to compare profiles of sex offenders and

child abductors on a statewide basis. When fully

implemented, SCAN will help law enforcement to capture

more sexually violent criminals in Arizona. The FBI created

VICAP in the mid- 1980s to facilitate communication,

cooperation, and coordination between the nation’s law

enforcement agencies, and to support their efforts to

investigate, identify, track, apprehend, and prosecute

violent serial and repeat offenders. Supporting Arizona law

enforcement’s participation on both of these databases is an

important component of public safety.

Medical settings not only serve as excellent points of

prevention and early intervention for domestic and sexual

violence, but also provide opportunities to collect data on

victims/ survivors and abusers. The Center for Disease

Control ( CDC) has created ideal data elements for collection

in medical settings. An analysis needs to be conducted in

Arizona to ascertain what is currently being collected by

medical professionals and what data still needs to be

incorporated into the medical field’s data collection efforts.

A training curriculum should also be developed on how to

collect data on domestic and sexual violence from patients

in a manner that is safe for victims.

The mission of the National Domestic Violence Fatality

Review Initiative is to provide technical assistance to

support review of domestic violence related deaths with the

underlying objectives to prevent them in the future,

preserve safety of battered women, and hold accountable

both the perpetrators of domestic violence and the multiple

agencies and organizations that come into contact with the

parties. Fatality reviews provide valuable information

regarding the circumstances that lead to domestic violence

related homicides, which can help shape and inform policy

decisions for reform.

Data Collection: 8.5

Increase the prosecution of

sex crimes through the

widespread use of the Sex

Crimes Analysis Network

( SCAN) and the Violent

Criminal Apprehension

Program ( VICAP).

Data Collection: 8.6

Encourage the medical

community to create and

implement a

comprehensive, statewide

data collection initiative on

the incidence of domestic

and sexual violence.

Data Collection: 8.7

Encourage local

communities to develop

Domestic Violence Fatality

Review Teams.

A Guide for Safety & Justice in Arizona - June 2004 45

The US Department of Housing and Urban Development

( HUD) has commissioned all communities receiving

funding from them to implement HMIS in order to better

coordinate the delivery of services for people experiencing

homelessness. HMIS is a web- based system that allows

service providers to share information about clients and

services offered to these clients. In order for domestic

violence providers to effectively participate, more needs to

be done to ensure the safe, secure and confidential exchange

of information to protect victims. Otherwise, a process will

need to be created whereby only aggregate data would be

input into HMIS.

Currently, shelter programs that participate on multiple

databases must input data multiple times, creating the need

for increased staffing. The capability to link databases

together needs to be explored and developed so that data

only needs to be entered once. Ideally, domestic violence

programs would be able to use the empowerment case

management tool such as the Need for Services Assessment

( NFSA, discussed in the Victim Services/ Crisis Response

section), have all the information uploaded into ShelterBase

for reporting requirements, and then uploaded into HMIS to

create the aggregate data needed for HUD.

Data Collection: 8.8

Build capacity of domestic

violence shelters to

participate on the Homeless

Management Information

System ( HMIS).

Data Collection: 8.9

Develop and support

technology that will allow

single data entry for

multiple databases ( such as

ShelterBase, NFSA, and

HMIS) for domestic violence

programs.

46 The State Plan on Domestic & Sexual Violence:

The impact of domestic and sexual violence on children is a

common theme that has emerged throughout all sections of

the recommendations. Children who live in a home where

domestic violence is occurring are 50% more likely to be

abused themselves. Equally detrimental are the life long

developmental consequences that children suffer who live in

a home with domestic violence. In 1999, the National

Council of Juvenile and Family Court Judges published the

resource guide Effective Interventions in Domestic Violence

and Child Maltreatment Cases: Guidelines for Policy and

Practice, better known as “ The Green Book”. The Green

Book is a framework for communities to utilize in

developing solutions to the complex issues surrounding

domestic violence and child maltreatment. The

recommendations in this section fall into three distinct

categories of child protective services ( CPS), domestic

relations, and victim services.

The primary goal for most child welfare agencies first and

foremost is to ensure child safety. However, research has

revealed that domestic violence is also present in a majority

of child maltreatment cases. CPS is uniquely positioned to

intervene when these two issues overlap with the intent that

keeping victims of domestic violence safe from abuse is also

a key indicator in the ability to keep kids safe from abuse

and neglect.

Recommendations

Children Who

Witness Domestic

Violence

Child Protective

Services ( CPS)

Chapter 9: Children Who Witness Domestic

Violence Recommendations

A Guide for Safety & Justice in Arizona - June 2004 47

Currently, there is no standard form to assess for domestic

violence in CPS cases. Given that the co- occurrence of these

two issues is high, it is critical to get the entire family

assistance and resources to effectively address the domestic

violence issues. Therefore, procedures and training must be

developed to screen for domestic violence in order to ensure

appropriate case plans are developed and referrals are

made.

Service providers need to better coordinate to address the

needs of families experiencing domestic violence and child

maltreatment. Some options to achieve better coordination

include: ( 1) joint case consultations, and ( 2) co- location of

services. One current program operating in the juvenile

courts provides mothers access to domestic violence

advocates and is the first program in Arizona to proactively

screen and make services available to mothers with CPS

cases.

Children Who Witness

Domestic Violence - CPS:

9.2

Encourage collaborations

between domestic violence

programs, child protective

services, child welfare

agencies, health care

agencies and juvenile courts

to develop new joint service

models for families

experiencing domestic

violence and child

maltreatment.

Children Who Witness

Domestic Violence - CPS:

9.1

Develop screening and

assessment procedures and

train staff to identify and

respond to domestic

violence in order to

promote family safety and

abuser accountability.

48 The State Plan on Domestic & Sexual Violence:

Children Who Witness

Domestic Violence - CPS:

9.3

Encourage service

providers, child welfare

agencies, CPS, and

dependency courts to

minimize the use of

potentially dangerous or

inappropriate interventions

in cases of domestic

violence that place victims

face- to- face with their

abusers, such as couples

counseling, mediation, or

family group conferencing.

Victims may be fearful about disclosing domestic violence

or sexual abuse in the presence of the abuser. Also, an

abuser can continue to exert his power and control tactics

over the victim in these settings, making any attempt at

intervention ineffective. Therefore, policies and protocols

need to be developed to minimize situations where victims

are required to be face- to- face with their abuser.

One avenue to promote the safety and well being of

children is to strengthen the self- sufficiency of the non-abusive

adult victims. By providing non- abusive parents

with resources and support such as TANF, food stamps and

affordable housing, service providers increase the

likelihood that a child will remain safe and that the victim

can permanently leave the abusive situation.

Children Who Witness

Domestic Violence - CPS:

9.4

Provide resources for non-abusive

parents and

support increasing their

ability to provide a safe

home.

A Guide for Safety & Justice in Arizona - June 2004 49

Domestic violence shelters also serve some women who

abuse their children. Shelters need to develop the capacity

to work collaboratively with CPS, and simultaneously create

responses and make referrals to help abusive and neglectful

mothers change their behaviors. These women should not

be turned away from services, but instead need to be offered

interventions and support. In addition, domestic violence

shelters need to ensure safety and protection for maltreated

children.

Divorce and child custody cases are an opportune time for a

batterer to continue to exert power and control tactics over

the victim. Judges, court personnel, mediators,

psychologists, and domestic relations attorneys frequently

come into contact with victims and perpetrators of domestic

violence and child abuse. Below are best practices, protocols

and procedures for dealing with these cases to ensure both

safety for the victim and that the best interests of the

children are represented.

Bench books have been developed for civil and criminal

courts in Arizona by the Committee on the Impact of

Domestic Violence and the Courts ( CIDVC). These bench

books are regularly used by judges to reference laws,

protocols and standards for responding to domestic violence

cases in their courtrooms. However, neither of these books

includes information pertaining to domestic relations issues.

Both the civil and criminal bench books should be expanded

with new chapters on domestic relations laws, protocols,

and best practice standards for these cases.

Children Who Witness

Domestic Violence -

Domestic Relations: 9.6

Develop a Bench Book for

court personnel pertaining to

Arizona’s child custody laws

and relevant research on

domestic relations and child

custody.

Domestic Relations

Children Who Witness

Domestic Violence - CPS:

9.5

Create protocols and

interventions for domestic

violence programs to work

with the child welfare

system to support battered

women who maltreat their

children.

50 The State Plan on Domestic & Sexual Violence:

Children Who Witness

Domestic Violence -

Domestic Relations: 9.7

Develop the capacity for safe

visitation and exchange

locations.

Safe visitation and exchange locations are critical in

domestic relations cases that involve domestic violence.

These locations can help to minimize potential conflict and

help ensure that visitation and custody orders are abided

by.

In domestic relations cases, custody evaluators make

recommendations to judges. Although these

recommendations do not bind the court, judges give them

substantial weight. Training and protocol standards for

evaluations need to be established to ensure that child

custody evaluators are prepared to appropriately assess for

domestic violence, child abuse or sexual abuse.

While there are a number of services available to abuse

victims, many times these services fail to respond to the

needs of children who are exposed to violence. Children

interact with a variety of systems throughout the course of

their day – i. e. schools, day care, and youth

agencies, all of which can help identify children

living with domestic violence. Recommendations

in this section are focused on how service

providers and systems with which children

regularly come into contact respond to the

traumatic effects of witnessing and/ or

experiencing abuse.

Children Who Witness

Domestic Violence -

Domestic Relations : 9.8

Create training and protocol

standards for custody

evaluations in order to

increase the likelihood that

custody decisions are made

based on qualified or accurate

evaluations.

Victim Services

A Guide for Safety & Justice in Arizona - June 2004 51

All agencies that work with abused children and their families

need regular cross- training about the dynamics and impact of

domestic violence and child maltreatment, the risks to adult and

child victims, the resources available to families, the laws that

provide protection, and safety planning information.

Children who have witnessed domestic violence are at greater

risk for emotional and behavioral problems than other children.

Currently, neither the child welfare nor behavioral health

systems have given this issue priority in the delivery of services

to children. A focused coordinated plan as well as policies and

procedures need to be developed to get services to these

children. As part of this plan, systems need to be developed to

provide children in shelter access to health care services.

Schools, day care or youth agencies may be the only place where

children can be assessed for exposure to domestic violence.

Training is needed for school and other agency personnel to

know how to appropriately respond to children who have been

exposed to violence in the home. There needs to be a system in

which law enforcement automatically notifies schools/ day care/

youth agencies to inform them of an incident of domestic

violence so that teachers and other personnel can appropriately

respond to the needs of the child. Confidentiality and safety

issues would need to be considered in the development of such a

system.

Children Who Witness

Domestic Violence - Victim

Services: 9.9

Create and implement training

for judges ( including juvenile

court), prosecutors, law

enforcement officers, and first

responders on laws and

trauma- related issues

surrounding children who

witness domestic violence.

Children Who Witness

Domestic Violence - Victim

Services: 9.11

Establish a notification

system between law

enforcement and schools/

day care/ youth agencies so

that they can respond

appropriately when a child

has been exposed to

domestic or sexual violence

in the home.

Children Who Witness

Domestic Violence - Victim

Services: 9.10

Develop a continuum of

services for children who

exhibit behaviors consistent

with exposure to or

victimization by domestic or

sexual violence.

52 The State Plan on Domestic & Sexual Violence:

Chapter 10: Implementation Process

Implementation

Process

With the completion of the State Plan, work must now begin

to ensure that the recommendations become reality. Criteria

such as the Governor's priorities, community impact, and

feasibility will be used to determine which recommendations

the Commission will address first.

Just as the creation of these recommendations took

participation from individuals from across the state,

implementation will require the effort and buy- in from all the

stakeholders, especially those entities who will be most

affected by the changes. Implementation Design Teams

( IDTs) will be formed in Summer 2004. In addition to

Commissioners, community experts and key

stakeholders, the IDTs will also include

individuals from state and local levels who

possess the ability to effect systems changes.

In order to inform the public of the strategies

and actions being identified and on the

progress being made on the recommendations

by the IDTs, public forums will be held around

the state.

The IDTs will develop strategies and action

plans around the selected recommendations. Potential

strategies and action might involve amending statutes or

rules, and improving training, education and outreach. Other

strategies might involve cultivating new funding or looking

for opportunities to leverage already existing funding.

Moreover, the IDTs will identify barriers and ways to

overcome implementation. The IDTs will also identify the

collaborating entities and those parties who will be taking

primary responsibility for ongoing development of the

implementation designs.

Implementation Design Teams

will develop strategies and

action plans based on

priorities, community impact

and feasibility assessments.

A Guide for Safety & Justice in Arizona - June 2004 53

Some communities may wish to work on recommendations that

are beyond those included in the Commission's first

implementation phase and they are encouraged to do so through

their own regional coordinated response teams. It is the desire

of the Commission to support and link with all efforts that will

lead to ending domestic and sexual violence in Arizona.

To keep the State informed on the progress toward

implementing the recommendations, updates will be given at

least annually at a regular meeting of the Commission. These

updates will also be included in the Commission's Annual

Report that will be posted on the Governor's web page.

54 The State Plan on Domestic & Sexual Violence:

Appendices

Appendices Appendices 55

A Contributors to The State Plan on 57

Domestic and Sexual Violence:

A Guide for Safety and Justice in Arizona

0 Governor’s Commission To Prevent 57

Violence Against Women

0 Advisory Board 59

0 Committee Members 59

0 Governor’s Office for Children, 65

Youth and Families, Division

for Women Staff

B A Timeline of Key Events in the History of 67

Domestic and Sexual Violence ( 1970s – 2000s)

C Myths and Facts about Domestic Violence 71

D Glossary of Terms and Acronyms 73

E Arizona Revised Statues for 77

Domestic Violence and Sexual Assault

F References 91

A Guide for Safety & Justice in Arizona - June 2004 55

56 The State Plan on Domestic & Sexual Violence:

Appendix A: Contributors to The State Plan on

Domestic and Sexual Violence:

A Guide for Safety and Justice in Arizona

Governor's

Commission To

Prevent Violence

Against Women

Tracy Bame, Phelps Dodge Corp

Ginger Bealer, Phoenix Family Advocacy Center

Margie Bentzen, Flagstaff Police Department, Family Crimes Unit

Socorro Bernasconi, Centro de Amistad

Peggy Bilsten, Chair, City of Phoenix

Bernadine Boyd, Fort McDowell Yavapai Nation

Anna Chavez, Department of Economic Security

Stasy Click, ASU Victims Legal Assistance Project

Dean Coonrod, MIHS/ MedPro

Rod Covey, Department of Public Safety

Patricia Creason, Lake Havasu Social Service Interagency Council

Jean Crinan, Mt. Graham Safe House

Gene D'Adamo, The Arizona Republic

Sandra Duke Lowe, Fresh Start Foundation

William Ekstrom, Mohave County Attorney

Janet Elsea, Communications Skills

Andy Federhar, Fennemore Craig

Kathleen Ferraro, ASU/ AzCADV

Martha Fraser Harmon, M. A. N.

Dorothy Fulton, Navajo Department of Criminal Investigations

Sue Glawe, Blue Cross Blue Shield of Arizona

Kim Halbig- Sparks, Attorney General's Office

Jane Hausner, Verde Valley Sanctuary

Harold Hurtt, Phoenix Police

Emily Jenkins, Tucson Medical Center

Mary Lynn Kasunic, Area Agency on Aging

Sarah Kennedy, Arizona Sexual Assault Network

Michelle Kim, Korean Cultural Center

A Guide for Safety & Justice in Arizona - June 2004 57

Loren Kirkeide, SRP

Kathy Kitcheyan, San Carlos Apache Tribe

Mary Koss, University of Arizona College of Public Health

Robert Lehner, Vice Chair, City of Tucson

Karen Leong, ASU Women's Studies Department

Barbara Lewkowitz, YWCA

Arnold Lockett, Jr., NAACP

Kathy McLaughlin, Yavapai Family Advocacy Center

Preston McMurry, McMurry Publishing

Beth McRae, The McRae Agency; WISH

Leah Meyers, AzCADV

Jerald Monahan, Pinal County Sheriff's Office

Glenn Nichols, City of Benson

Paul O'Connell, Superior Court Administration/ Arizona Superior Court in

Pinal County

Anu Partap, Arizona Center for Community Pediatrics

Connie Phillips, Sojourner Center

John Pombier, Mesa City Prosecutor's Office

Bridget Riceci, Southern Arizona Center Against Sexual Assault

Elaine Richardson, Department of Real Estate

Michele Schubert, The Brewster Center for Domestic Violence Services

Vikki Shirley, Navajo Nation

Fran Smith, Southwest Gas

Lorel Stevens, Accounting and Finance Personnel

Rebecca Tsosie, ASU Law School; Pasqua Yaqui Community

Blanca Varela, Community Activist

Phill Westbrooks, City of Chandler

Thelda Williams, Maricopa County Sheriff's Office

Kim Williams- Barnes, Community Activist

58 The State Plan on Domestic & Sexual Violence:

Tracy Bame, Phelps Dodge

Peggy Bilsten, City of Phoenix, Chair

Gene D'Adamo, Arizona Republic

Sue Glawe, Blue Cross/ Blue Shield of Arizona

Lisa Glow, Director, Governor’s Office for Children, Youth and Families

Martha Harmon, Men's Anti- violence Network

Emily Jenkins, Tucson Medical Center

Leah Meyers, Arizona Coalition Against Domestic Violence

Mary Thomson, Director, Governor’s Division for Women

Connie Phillips, Sojourner Center

Matt Ade, MCAPD

Jean Ajamie, ADE Comprehensive Health Programs

Ian Alexander, Pima Co. Adult Probation - DV Unit

Lynn Allman, Arizona Department of Public Safety

Maxine Anderson, City of Phoenix Human Services Division

Jackie Anderson, Chrysalis

Miriam Arene, Southwest Human Development-- Healthy Families

Elise Argall, City of Phoenix

Mary Arredondo, Community Member

Deborah Arteaga, Arizona Women's Education Employment

Jackie Austin, Arizona Women's Education Employment

Karen Bachar, UA, MEZA College of Public Health

Ann Bagnall, Pinal County Attorney's Office

Jennifer Bagshaw, ASU Student

Panthea Baker, Pinal County Attorney's Office

Tracy Bame, Co- Chair, Phelps Dodge Corporation

Rene Bartos, DHS, Office of Women and Children's Health

Heather Baxter, Jewish Family and Children's Services

Bonny Beach, American Indian Prevention Coalition, Inc.

Ginger Bealer, Phoenix Family Advocacy Center

Michelle Begay, Tohono O'odham Police Department

Margie Bentzen, Flagstaff PD, Family Crimes Unit

Socorro Bernasconi, Centro de Amistad

Martin Brook, ASU Student

Brandi Brown, Arizona Center Against Domestic Violence

Diane Brown, Arizona Protective Parents Network

Tracy Bucher, Women Living Free

Wanda Bundy, Americans For Decency

Advisory Board

Committee Members

60 The State Plan on Domestic & Sexual Violence:

Fran Burns, Phoenix Police Department

Josue Bustos, Community Member

Lucille Butler, Department of Economic Security - Community Services Administration

Kelly Campbell, ASU/ Arizona Center Against Domestic Violence

Tricia Cano, Faith House Domestic Violence Shelter

Carolyn Carlson, Community Member

Julie Castro, PHASE

Lourdes Charles, Glendale Police Department

Anna Chavez, Department of Economic Security

Ruth Cherrick, Southern Arizona Center Against Sexual Assault

Arthea China, Community Activist

Theresa Clark, Phoenix Police

Stasy Click, ASU Victims Legal Assistance Project

Caron Close, City of Scottsdale City Prosecutor

Margie Coggins, Volunteer Center of Maricopa County

Dean Coonrod, Maricopa Integrated Health Services/ MedPro

Kisa Corcoran, Gila River Indian Community

Jeannette Costa, Chrysalis

Rod Covey, Co- chair, Department of Public Safety

Tim Cox, City of Tempe - Social Services Crisis Response

Patricia Creason, Lake Havasu Social Service Interagency Council

Jean Crinan, Mt. Graham Safe House

Gene D'Adamo, The Arizona Republic

Manny Davila, Phoenix Police Department

Joyce Dehnert, Arizona Department of Public Safety

Debbra Determan, Maricopa Association of Governments

Corliss Ditton, Community Member

Rosie Dominguez, Child Crisis Center

Deana Dominguez, Mt. Graham Safe House

Sabrina Douglas, Arizona Coalition Against Domestic Violence

Sandra Duke Lowe, Fresh Start Foundation

Theresa Duran, Pinal Hispanic Council

Betty Eagan, ASU Student

Lynn Edington, Successful Comebacks, Inc.

William Ekstrom, Mohave County Attorney

Janet Elsea, Communications Skills

Andy Federhar, Fennemore Craig

Kathleen Ferraro, ASU/ Arizona Center Against Domestic Violence

Kevin Fincel, City of Phoenix At Risk Youth Division; Project BRAVE

Elizabeth Finn, Glendale City Court ( Presiding Judge)

Joan Fox, Community Member

A Guide for Safety & Justice in Arizona - June 2004 61

Francesca Fragomen, PREHAB

Martha Fraser Harmon, Co- chair, Men's Anti- violence Network ( M. A. N)

Dorothy Fulton, Navajo Department of Law Enforcement

Gina Gavaris, Unified Solutions Consulting Group

Sarah Ghazi, ADE Comprehensive Health Programs

Kathleen Gillis, Imaging Assets

Sue Glawe, Blue Cross Blue Shield of Arizona

Cory Gonzales, Center for Urban Inquiry

Carma Good, ASU Student

Patricia Goubeaux, New Directions Institute for Infant Brain Development

Steve Grams, SAGE Counseling

Laura Guild, Arizona Department of Economic Security

Kim Halbig- Sparks, Attorney General's Office

James Hardina, ASU Police Department

Richard Harper, West Valley Court Diversions Services, Inc.

Debbie Harsh, The Brewster Center, ASU School of Social Work

Bill Hart, Arizona Center Against Domestic Violence

Dorothy Hastings, Arizona Department of Health Services- Office of Women and

Children's Health

Kato Haws, ASU Student

Kate Henderson, Department of Public Safety

Carol Hensell, Rape Prevention and Education

Tesha Hensley, Community Alliance Against Family Abuse

Randi Herman, Chrysalis

Jacqueline Hernandez, Southern Arizona Center Against Sexual Assault

Chris Herzog, Catholic Social Services- Diversion Program

Susan Hickcox, Voice for Victims

Elizabeth Holman, Arizona State University

Laura Horsley, House of Hope

Jill Hudson, Current Law School Professor

Harold Hurtt, Phoenix Police

Roger Illingworth, Department of Public Safety

Wendy Irish, Pima Co. Adult Probation- DV Unit

Donna Irwin, Community Member

Emily Jenkins, Tucson Medical Center

Kay Jerin, Capitol Weed and Seed Coalition

Christy Johnson, Community Alliance Against Family Abuse

Julie Johnston, The Brewster Center

David Jurado, Pima County Adult Probation - DV Unit

Mary Lynn Kasunic, Area Agency on Aging

Janet Kellehan, Phoenix Police

Edie Kempf, Community Member

Katherine Kennedy, Peer Solutions

Sarah Kennedy, Arizona Sexual Assault Network

Sharon Ketchum, Arizona Prevention Resource Center

Michelle Kim, Korean Cultural Center

Carmen King, Autumn House

Maggie King, Volunteer Center of Maricopa County

Liz Kinsworthy, Domestic Violence Educator

Loren Kirkeide, SRP

Melissa Knight, Pinal County Superior Court

Julianna Koob, Arizona Coalition Against Domestic Violence

Mary Koss, University of Arizona College of Public Health

Sheri Lauritano, City of Phoenix, Prosecutor's Office

Anna Maria Leff, DES - Division For Children, Youth and Families

Robert Lehner, Co- chair, City of Tucson

Karen Leong, ASU Women's Studies Department

Kristie Leshinskie, Maricopa Association of Governments

Cheri Levenson, Community Member

Terri Leveton, Halo of Hope

Barbara Lewkowitz, YWCA

Yvonne Luna, ACADV Board Member

Sara Lunde, Arizona Center Against Domestic Violence

Chris Lyons, Community Health Services-- ASU School of Nursing

Michael Mandel, Southern Arizona Center Against Sexual Assault

Michelle Marker, PREHAB of Arizona

James Markey, Phoenix Police Department

Ron Martin, Apache Junction Police Department

Dana Martinez, PREHAB of Arizona

Dianna May, Community Member

Carolyn McBurney, Envision Project Management

Scott McGuire, Community Member

Michelle McKinley- Tarango, Eloy Police Department

Kathy McLaughlin, Co- chair, Yavapai Family Advocacy Center

Preston McMurry, McMurry Publishing, Inc.

Beth McRae, The McRae Agency; WISH

Rosie Mendoza, Phoenix Police Department

Anna Mendoza, Community Member

Leah Meyers, Arizona Coalition Against Domestic Violence

62 The State Plan on Domestic & Sexual Violence:

Craig Mills, Employers Against Domestic Violence

Jerald Monahan, Pinal County Sheriff's Offices

Lisa Moore, Community Legal Service, East Valley Office

Yolanda Morales, Americorps Program Director

Shana Morales, Southern Arizona Center Against Sexual Assault

Sina Mowzoon, Community Member

Tyne Naven, Arizona Coalition Against Domestic Violence

Don Newcomer, Phoenix Police Department

Glenn Nichols, City of Benson

Amanda Nosbisch, Peer Solutions

Val Oatis, ASU Student

Paul O'Connell, Pinal County Superior Court, Superior Court Administration

Ken Oglivie, Alice's Place; Winslow Memorial Hospital

Sue Osburn, Counseling Consulting

Tracy Pagano, City of Phoenix Prosecutor's Office

Mike Parascandola, City of Goodyear

Barbara Parascandola, City of Phoenix Prosecutor's Office

Anu Partap, Co- chair, Arizona Center for Community Pediatrics

Roberta Perpich, Justice Services, Inc.

Virginia Person, Life Skills Counseling, Inc.

Holly Petersen, Child Protective Services

Robin Pfohl, Horizon Human Services

Connie Phillips, Co- chair, Sojourner Center

Doug Pilcher, City of Phoenix, Municipal Courts

Joel Pinkett, Sojourner Center

John Pombier, Co- chair, Mesa City Prosecutor's Office

Jill Porcelli, Prehab's Faith House

Dianne Post, Arizona Coalition Against Domestic Violence

Lynn Potts, The Mesa City Prosecutor's Office

M. J. Raciti, Tucson City Prosecutor's Office

Sandra Ram, City of Phoenix Women's Commission

Jennifer Rauhouse, Peer Solutions

Tom Reardon, CASA

Lillie Reed, ASU Student

Roni Reid, Chrysalis/ PEACE

Shelley Reimann, City Auditor Department

Bridget Riceci, Co- chair, Southern Arizona Center Against Sexual Assault

Cindy Richmond, Area Agency on Aging

Bonnie Rock, ACADV Board Member

Stacey Rowlan, Community Activist

A Guide for Safety & Justice in Arizona - June 2004 63

Terri Roza, Project Free

Dawn Russo, West Valley Court Diversions Services, Inc.

Dave Sampson, Phoenix Police Department

Matt Sanders, Counseling Consulting

Nicky Santos, Mesa Police Department

Michele Schubert, The Brewster Center for Domestic Violence Services

Edna Scott, Community Member

Karen Shaver, Chrysalis

Ramona Shingler, Estrella Mountain Community College

Andrea Sierra, Prehab

Doris Sisk, University Physicians, Inc.

Sheila Sjolander, Arizona Department of Health Services

Wally Sjolander, Area Agency on Aging

Elise Souter, Tucson Police Department

Lorel Stevens, Accounting and Finance Personnel

Susan Stevens- Clarke, City of Chandler

Marguerite Stoddard, Tohono O'odham Police Department

Tracy Stombres, Community Member

Barbara Strachan, Catholic Social Services- Diversion Program

Eleanor Strang, Arizona Department of Health Services- Bureau of Emergency Services

Holly Sullivan, Ariozna Sexual Assault Network

Mary Jo Swartz, DES - Community Services Administration

Ruth Tan Lim, Dobson Pediatrics/ Children's Benefit Foundation

Valerie Tapia, Verde Valley Sanctuary

Sara Thome, Northern Arizona Center Against Sexual Assault

Johnna Thompson, Pinal County Attorney's Office

Jacque Tobias, City of Phoenix Prosecutor's Office

Virginia Vappereau, Community Activist

Blanca Varela, Co- chair, Community Activist

Ralph Varela, Pinal Hispanic Council

Veronica Vensor, ADHS, Public Health Prevention

Maxine Wadsworth, Hopi Tribe Domestic Violence Program

Kori Warren, Arizona CASA

Sam Wercinski, Custom Realty

JoAnne Wermes, Department of Public Safety

Phill Westbrooks, City of Chandler

Tracey Wilkinson, Scottsdale Police, Crisis Intervention Service

Thelda Williams, Maricopa County Sheriff's Office

Diane Wilson, PHASE

64 The State Plan on Domestic & Sexual Violence:

Diane Wilson, PHASE

Terri Woodmansee, Goodyear Police Department

Angela Yancik, Southern Arizona Center Against Sexual Assault

Jessica Ybarra, Southern Arizona Center Against Sexaual Assault

Kimberly Yedowitz, Scottsdale Healthcare Forensic Nurse Examiners

Coreen Young, To the Point

Governor’s Division

for Women Staff

Mary Thomson, Director, Division for Women

Allie Bones, Senior Program Analyst, Violence Against

Women

Evelyn Buckner, Program Administrator

Maureen Domogala, Program Administrator

Eva Lester, Assistant Program Administrator

Bre Thomas, Women’s Health Policy Advisor

Kelly Ward, Special Projects for Women

Melissa Wright, Administrative Coordinator

A Guide for Safety & Justice in Arizona - June 2004 65

66 The State Plan on Domestic & Sexual Violence:

Appendix B:

A Timeline of Key Events in the History of

Domestic and Sexual Violence ( 1970s – 2000s)

The 1970s

1970 1971 1972 1973 1974 1975 1976 1977 1978 1979

United States Commission on Civil

Rights holds “ A Consultation on

Battered Women” in Washington

DC. The two- day proceedings

feature hundreds of advocates and

result in the publication of “ Battered

Women: Issues of Public Policy.”

During this conference, the National

Coalition Against Domestic Violence

( NCADV) is born.

National Communications Network for

the Elimination of Violence Against

Women ( NCN) publishes first national

newsletter on issues facing battered

women.

Women around the country organize

the first annual “ Take Back the Night”

marches.

Pennsylvania founds the first

state coalition against Domestic

Violence.

First emergency rape crisis hotline

opens in Washington, D. C.

Rainbow Retreat, one of the

country’s first battered women’s

shelters, opens in Phoenix, Arizona.

First US rape crisis center opens

in San Francisco.

A Guide for Safety & Justice in Arizona - June 2004 67

The 1980s

1980 1981 1982 1983 1984 1985 1986 1987 1988 1989

NCADV holds national conference. 600

women, representing 49 states, attend.

Arizona Coalition Against Domestic Violence

is born.

The first annual Domestic Violence Awareness Month is

celebrated.

Over 500 shelters are in operation nationwide.

Subcommittees of the Navajo Nation Council hold

hearings on the impact of domestic violence, and

Navajo Nation courts develop rules for criminal and

civil proceedings.

Congress passes the Family Violence

Prevention and Services Act ( FVPSA).

Surgeon General identifies domestic

violence as a major public health

concern.

NCADV opens first national

domestic hotline.

68 The State Plan on Domestic & Sexual Violence:

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999

The U. S. Surgeon General

announces that abuse by husbands

is the leading cause of injuries to

women aged 15 to 44.

The American Medical Association

recommends that doctors screen

women for signs of domestic

violence.

The United Nations identifies violence against

women as an international human rights issue

and produces the Declaration on the

Elimination of Violence Against Women.

Congress passes the Violence

Against Women Act ( VAWA)

into law, providing increased

funding for services, increased

training for law enforcement,

and further civil remedies for

victims of violence.

Office on Violence Against

Women is created within the

Department of Justice. This

office oversees over $ 1 billion in

grants to states.

Over 1,200 shelters

are in operation

nationwide. Arizona Legislature creates the

Domestic Violence Shelter Fund, a

dedicated fund source for shelter

services in the state.

The 1990s

A Guide for Safety & Justice in Arizona - June 2004 69

The 2000s

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Arizona Legislature and Governor

approve the appropriation of $ 3

million in TANF funding for

emergency shelter and legal

advocacy services.

Congress Reauthorizes of the

Violence Against Women Act,

adding the Trafficking Victims

Protection Act of 2000.

Arizona Legislature and Governor

approve the appropriation

$ 500,000 for emergency shelter

and legal advocacy services.

Landmark Nicholson case in New

York City rules that Child Protective

Services cannot remove a child from

the home solely because their

mothers are victims of domestic

violence.

Governor Napolitano renames the

Commission to Prevent Family Violence

to the Governor’s Commission to

Prevent Violence Against Women.

The State Plan on Domestic & Sexual

Violence: A Guide for Safety & Justice

in Arizona is developed and

implementation begins.

70 The State Plan on Domestic & Sexual Violence:

Appendix C: Myths and Facts about

Domestic Violence

Appendix C:

Myths and Facts

about Domestic

Violence

Myth:

Battering is a momentary loss of temper.

Fact:

Battering is a pattern of behavior that establishes power and

control over a partner using threats and violent behavior.

0

Myth:

Battered victims who return to their abusers are masochistic or

extremely dependent.

Fact:

Abusers manipulate women’s emotions using “ recapture”

language and tactics, convincing them to return.

0

Myth:

Most battered women are young, poor, minority, uneducated or

unemployed.

Fact:

Domestic violence affects women of all races, ages, religions and

social, economic or employment status.

0

Myth:

Battered women choose the wrong partner because of something

in their past that affects their judgment.

Fact:

Domestic violence is not the result of poor judgment of a woman.

Violence is a conscious choice of the abuser.

.

A Guide for Safety & Justice in Arizona - June 2004 71

Myth:

Women cry “ domestic violence” just to win in custody cases.

Fact:

In fact, there is a backlash against victims of domestic violence.

Nationwide, in 70% of cases where abuse is alleged, the abusive

parent gets full custody of the children.

0

Myth:

Battered women in shelters don’t know how to make good

decisions, or they wouldn’t be there.

Fact:

The decision to go to a shelter is an act toward safety; a woman in

a shelter sacrifices her privacy and her own home to obtain safety.

0

Myth:

If battered women would just leave, the abuse would stop.

Fact:

Actually, the most dangerous time for victims is when they are

leaving.

0

Myth:

Alcohol and drugs cause domestic violence.

Fact:

While alcohol and drugs are present in many domestic violence

scenes, they cannot be blamed for the violence - the abuser makes

a choice to behave violently.

0

Myth:

Children aren’t aware of the violence in their home.

Fact:

There is no age at which children living with domestic violence

are not adversely affected.

72 The State Plan on Domestic & Sexual Violence:

Appendix D: Glossary of Terms and Acronyms

Appendix D:

Glossary of Terms

Conditions of Release

A document provided by the court detailing the requirements

and prohibitions of a person coming out of jail or prison.

Domestic Violence

Physical, sexual, emotional or psychological abuse of a current

or former intimate partner.

Dual Arrest

Situation in which a law enforcement officer arrests both par-ties

in a domestic violence situation.

Felony

A serious crime that is punishable by a more stringent sen-tence

than that given for a misdemeanor.

Misdemeanor

A crime, less serious than a felony, which is punishable by a

fine or imprisonment in a county or city jail rather than in a

penitentiary.

Order of Protection

An Order of Protection is a civil court order that can be re-quested

by a victim and is meant to protect that person from

harm or harassment by the abuser.

Predominant Aggressor

The person who is more likely to inflict injury and less likely

to be afraid as a result of having the power and control in the

relationship.

A Guide for Safety & Justice in Arizona - June 2004 73

Prevention

0 Primary Prevention

Primary prevention strategies protect individuals from

becoming a victim, perpetrator, or witness of domestic or

sexual violence.

0 Secondary Prevention/ Early Intervention

Secondary prevention strategies aim to help keep

individuals who have already been exposed to abuse from

experiencing negative consequences linked with that

experience.

0 Tertiary Prevention

Tertiary prevention strategies aim to help individuals who

have already suffered negative consequences from DV or SA

from experiencing ongoing, debilitating effects.

Sexual Assault

Purposeful exposure of an unwilling or unconsenting person to

actions with sexual content, ranging from inappropriate touching to

intercourse.

Shelter/ Safe House

A safe, temporary place for victims of domestic violence and their

children to go when they have left their abuser. The length of stay

varies from 30 days at some shelters to 120 days in others. Some

shelters also offer transitional housing, where women and children

can stay for as long as two years.

Vulnerable Adult

A person who is either being mistreated or in danger of being

mistreated or neglected, and who, because of age and/ or disability,

is unable to protect him/ herself.

74 The State Plan on Domestic & Sexual Violence:

Acronyms

AHCCCS

Arizona Health Care Cost

Containment System

APS

Adult Protective Services

AOCA

Administrative Office of the

Courts, AZ Supreme Court

ARS

Arizona Revised Statute

BHS

Behavioral Health Services

BIW

Battered Immigrant Women

CCRT

Coordinated Community

Response Team

CDC

Center for Disease Control

CPOR

Court Protective Order

Repository

CPS

Child Protective Services

CPVAW

Commission to Prevent

Violence Against Women

CRT

Crisis Response Team

DES

Department of Economic

Security

DFW

Division for Women

DHS

Department of Health

DPS

Department of Public Safety

DOH

Department of Housing

DOJ

US Department of Justice

DVOTP

Domestic Violence Offender

Treatment Program

EADV

Employers Against Domestic

Violence

FAC

Family Advocacy Center

FRT

Fatality Review Team

GOCYF

Governor’s Office for Children,

Youth and Families

HHS

US Department of Health and

Human Services

A Guide for Safety & Justice in Arizona - June 2004 75

HMIS

Homeless Management

Information System

HUD

US Department of Housing and

Urban Development

IAH

Injunction Against Harassment

IDT

Implementation Design Teams

LGBT

Lesbian, Gay, Bisexual or

Transgendered

MAN

Men’s Anti- violence Network

MDT

Multidisciplinary Team

NFSA

Need For Services Assessment

OBHL

Office of Behavioral Health

Licensure

OP

Order of Protection

RAINN

Rape, Abuse, Incest National

Network

SACT

State Agency Coordinating Team

SART

Sexual Assault Response Team

SCAN

Sex Crimes Analysis Network

SSI

Supplemental Security Income

TANF

Temporary Assistance for Needy

Families

VAWA

Violence Against Women Act

VICAP

Violent Criminal Apprehension

Program

76 The State Plan on Domestic & Sexual Violence:

Appendix E: Arizona Revised Statues for Domestic

Violence and Sexual Assault

Appendix E:

Arizona Revised

Statues for

Domestic Violence

and Sexual Assault

As of June 2004

A. " Domestic violence" means any act which is a dangerous crime against

children as defined in section 13- 604.01 or an offense defined in section 13-

1201 through 13- 1204, 13- 1302 through 13- 1304, 13- 1502 through 13- 1504 or

13- 1602, section 13- 2810, section 13- 2904, subsection A, paragraph 1, 2, 3 or

6, section 13- 2916 or section 13- 2921, 13- 2921.01, 13- 2923, 13- 3019, 13-

3601.02 or 13- 3623, if any of the following applies:

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.

B. A peace officer may, with or without a warrant, arrest a person if the

officer has probable cause to believe that domestic violence has been

committed and the officer has probable cause to believe that the person to

be arrested has committed the offense, whether such offense is a felony or a

misdemeanor and whether such offense was committed within or without

the presence of the peace officer. In cases of domestic violence involving

the infliction of physical injury or involving the discharge, use or

threatening exhibition of a deadly weapon or dangerous instrument, the

peace officer shall arrest a person, with or without a warrant, if the officer

has probable cause to believe that the offense has been committed and the

officer has probable cause to believe that the person to be arrested has

committed the offense, whether such offense was committed within or

without the presence of the peace officer, unless the officer has reasonable

grounds to believe that the circumstances at the time are such that the

victim will be protected from further injury. Failure to make an arrest does

not give rise to civil liability except pursuant to section 12- 820.02. In order

to arrest both

ARS 13- 3601.

Domestic violence;

definition;

classification;

sentencing option;

arrest and

procedure for

violation; weapon

seizure; notice;

report; diversion

A Guide for Safety & Justice in Arizona - June 2004 77

to arrest both parties, the peace officer shall have probable cause to believe that

both parties independently have committed an act of domestic violence. An act

of self- defense that is justified under chapter 4 of this title is not deemed to be

an act of domestic violence. The release procedures available under section 13-

3883, subsection A, paragraph 4 and section 13- 3903 are not applicable to

arrests made pursuant to this subsection.

C. A peace officer may question the persons who are present to determine if a

firearm is present on the premises. On learning or observing that a firearm is

present on the premises, the peace officer may temporarily seize the firearm if

the firearm is in plain view or was found pursuant to a consent to search and if

the officer reasonably believes that the firearm would expose the victim or

another person in the household to a risk of serious bodily injury or death. A

firearm owned or possessed by the victim shall not be seized unless there is

probable cause to believe that both parties independently have committed an

act of domestic violence.

D. If a firearm is seized pursuant to subsection C of this section, the peace officer

shall give the owner or possessor of the firearm a receipt for each seized

firearm. The receipt shall indicate the identification or serial number or other

identifying characteristic of each seized firearm. Each seized firearm shall be

held for at least seventy- two hours by the law enforcement agency that seized

the firearm.

E. If a firearm is seized pursuant to subsection C of this section, the victim shall

be notified by a peace officer before the firearm is released from temporary

custody.

F. If there is reasonable cause to believe that returning a firearm to the owner or

possessor may endanger the victim, the person who reported the assault or

threat or another person in the household, the prosecutor shall file a notice of

intent to retain the firearm in the appropriate superior, justice or municipal

court. The prosecutor shall serve notice on the owner or possessor of the

firearm by certified mail. The notice shall state that the firearm will be retained

for not more than six months following the date of seizure. On receipt of the

notice, the owner or possessor may request a hearing for the return of the

firearm, to dispute the grounds for seizure or to request an earlier return date.

The court shall hold the hearing within ten days after receiving the owner's or

possessor's request for a hearing. At the hearing, unless the court determines

that the return of the firearm may endanger the victim, the person who

reported the assault or threat or another person in the household, the court

shall order the return of the firearm to the owner or possessor.

78 The State Plan on Domestic & Sexual Violence:

G. A peace officer is not liable for any act or omission in the good faith exercise

of the officer's duties under subsections C, D, E and F of this section.

H. Each indictment, information, complaint, summons or warrant that is issued

and that involves domestic violence shall state that the offense involved

domestic violence and shall be designated by the letters DV. A domestic

violence charge shall not be dismissed or a domestic violence conviction

shall not be set aside for failure to comply with this subsection.

I. A person arrested pursuant to subsection B of this section may be released

from custody in accordance with the Arizona rules of criminal procedure or

any other applicable statute. Any order for release, with or without an

appearance bond, shall include pretrial release conditions necessary to

provide for the protection of the alleged victim and other specifically

designated persons and may provide for additional conditions which the

court deems appropriate, including participation in any counseling

programs available to the defendant.

J. When a peace officer responds to a call alleging that domestic violence has

been or may be committed, the officer shall inform in writing any alleged or

potential victim of the procedures and resources available for the protection

of such victim including:

1. An order of protection pursuant to section 13- 3602, an injunction

pursuant to section 25- 315 and an injunction against harassment

pursuant to section 12- 1809.

2. The emergency telephone number for the local police agency.

3. Telephone numbers for emergency services in the local community.

K. A peace officer is not civilly liable for noncompliance with subsection J of

this section.

L. An offense included in domestic violence carries the classification prescribed

in the section of this title in which the offense is classified. If the defendant

committed a felony offense listed in subsection A of this section against a

pregnant victim and knew that the victim was pregnant or if the defendant

committed a felony offense causing physical injury to a pregnant victim and

knew that the victim was pregnant, the maximum sentence otherwise

authorized shall be increased by up to two years.

M. If the defendant is found guilty of an offense included in domestic violence

and if probation is otherwise available for that offense, the court may,

without entering a judgment of guilt and with the consent of the defendant,

defer further proceedings and place the defendant on probation or intensive

probation, as provided in this subsection. The terms and conditions of

probation or intensive probation shall include those necessary to provide for

A Guide for Safety & Justice in Arizona - June 2004 79

the protection of the alleged victim and other specifically designated persons

and additional conditions and requirements which the court deems

appropriate, including imposition of a fine, incarceration of the defendant in

a county jail, payment of restitution, completion of a domestic violence

offender treatment program that is provided by a facility approved by the

department of health services or a probation department or any other

counseling or diversionary programs that do not involve domestic violence

and that are available to the defendant. On violation of a term or condition

of probation or intensive probation, the court may enter an adjudication of

guilt and proceed as otherwise provided for revocation of probation. On

fulfillment of the terms and conditions of probation or intensive probation,

the court shall discharge the defendant and dismiss the proceedings against

the defendant. This subsection does not apply in any case in which the

defendant has previously been found guilty under this section, or in which

charges under this section have previously been dismissed in accordance

with this subsection.

N. If a defendant is diverted pursuant to this section, the court shall provide the

following written notice to the defendant:

You have been diverted from prosecution for an offense included in

domestic violence. You are now on notice that:

1. If you successfully complete the terms and conditions of diversion,

the court will discharge you and dismiss the proceedings against

you.

2. If you fail to successfully complete the terms and conditions of

diversion, the court may enter an adjudication of guilt and proceed

as provided by law.

O. If the defendant is found guilty of a first offense included in domestic

violence, the court shall provide the following written notice to the

defendant:

You have been convicted of an offense included in domestic violence. You

are now on notice that:

1. If you are convicted of a second offense included in domestic

violence, you may be placed on supervised probation and may be

incarcerated as a condition of probation.

2. A third or subsequent charge may be filed as a felony and a

conviction for that offense shall result in a term of incarceration.

The failure or inability of the court to provide the notice required under

subsections N and O of this section does not preclude the use of the prior

convictions for any purpose otherwise permitted.

80 The State Plan on Domestic & Sexual Violence:

A. A person may file a verified petition, as in civil actions, with a

magistrate, justice of the peace or superior court judge for an

order of protection for the purpose of restraining a person from

committing an act included in domestic violence. If the person is a

minor, the parent, legal guardian or person who has legal custody

of the minor shall file the petition unless the court determines

otherwise. The petition shall name the parent, guardian or

custodian as the plaintiff and the minor is a specifically

designated person for the purposes of subsection G of this section.

If a person is either temporarily or permanently unable to request

an order, a third party may request an order of protection on

behalf of the plaintiff. After the request, the judicial officer shall

determine if the third party is an appropriate requesting party for

the plaintiff. For the purposes of this section, notwithstanding the

location of the plaintiff or defendant, any court in this state may

issue or enforce an order of protection.

B. An order of protection shall not be granted:

1. Unless the party who requests the order files a written

verified petition for an order.

2. Against a person who is less than twelve years of age

unless the order is granted by the juvenile division of the

superior court.

3. Against more than one defendant.

C. The petition shall state the:

1. Name of the plaintiff. The plaintiff's address shall be

disclosed to the court for purposes of service. If the

address of the plaintiff is unknown to the defendant, the

plaintiff may request that the address be protected. On

the plaintiff's request, the address shall not be listed on

the petition. Whether the court issues an