ARIZONA DOMESTIC VIOLENCE LAW


If you have been accused of a crime in which the victim is related to you by marriage or lives with you, the offense may fall within Arizona's statutory definition of "domestic violence." Arizona's domestic violence laws apply not only to crimes against spouses, but also to crimes against partners, former partners, people who are dating, and the elderly. Domestic violence can take many forms, from simple assault to murder. A domestic violence crime can also result from the violation of an order of protection, such as a restraining order. The case can be prosecuted even if the violation is relatively minor, such as a late phone call to a child or an ex-spouse while an order is in effect.

In recent years, the Arizona legislature has focused on strengthening the state's domestic violence laws. As a result, law enforcement has developed vigorous new policies, the court system has implemented many changes, and prosecuting attorneys have taken an active role in enforcing both new and existing laws. In many cases, prosecutors will file charges against the alleged abuser and aggressively pursue the case, even where the victim refuses to actively participate in the prosecution.


Who is affected by the law?

Arizona Revised Statute §13-3601 defines the affected relationships involved as follows:
  1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided together in the same household, this includes same gender cohabitation.
  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.
Which crimes constitute Domestic Violence offenses?

A variety of criminal offenses fall under the Arizona's domestic violence statute, including:
  • Assault - A.R.S. §13-1203
  • Aggravated assault - A.R.S. §13-1204
  • Child abuse - A.R.S. §13-3623
  • Custodial interference - A.R.S. §13-1302
  • Criminal damage - A.R.S. 13-1602
  • Dangerous crimes against children - A.R.S. §13-604.01
  • Disorderly conduct - A.R.S. §13-2904
  • Elderly abuse - A.R.S. §13-3623
  • Endangerment - A.R.S. §13-1201
  • False imprisonment - A.R.S. §13-1303
  • Harassment - A.R.S. §13-2921
  • Harassment (telephonic) - A.R.S. §13-2916
  • Kidnapping - A.R.S. §13-1304
  • Order of protection violations - A.R.S. §13-2810
  • Restraining order violations - A.R.S. §13-2810
  • Stalking - A.R.S. §13-2923
  • Surreptitious photographing - A.R.S. §13-3019
  • Threatening and intimidation - A.R.S. §13-1202
  • Trespass - A.R.S. §13-1502-04
CONSEQUENCES OF A CONVICTION

The consequence of a domestic violence conviction can be very severe. A conviction could result in limitations in child visitation rights, loss of gun privileges, mandatory counseling, probation, jail or in the most serious cases a prison sentence. Domestic violence cases involving weapons or injury are often prosecuted as felonies.

Whether a Domestic Violence case is charged as either a felony or misdemeanor is usually determined by the seriousness of the case. Severe cuts and broken bones will almost always be charged as felonies. No injury or slight injury cases will be charged as misdemeanors. Prior acts of domestic violence by the person charged may also factor into the Prosecutor's decision to file the case as a felony. If charged as a felony, the defendant could serve time in state prison. If charged as a misdemeanor, the punishment will not exceed 6 months in county jail. In Arizona, the law also requires that the defendant complete a Domestic Violence Counseling program. In many cases, the court will enter an order, which prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred. In many cases this will be the Defendant's own home.

If you are charged with a domestic violence offense, never try to resolve the problem on your own. Any contact with the victim could result in additional charges. You should speak to an experienced Arizona domestic violence attorney immediately because every case is different and the outcome often will turn on the particular facts involved and, in many cases, a complex legal analysis regarding the admissibility of evidence.

DOMESTIC VIOLENCE FAQ's

Can I be prosecuted for Domestic Violence if the victim does not press charges?

YES. Domestic Violence offenses are aggressively prosecuted. This is so even if the victim tells the court and prosecutor that they do not want to "press charges." The case will NOT be dismissed for this reason alone. The State brings the charges, not the victim.

What are the penalties for a conviction of a Domestic Violence offense?

Although it depends upon the circumstances of the particular case, first-time offenders are often placed on probation, in some cases required to serve a few days in custody, and regularly required to complete a domestic violence counseling program. In some cases, as an alternative to prosecution, the client may be eligible for a domestic violence diversion program.

What factors usually determine the court outcome or penalties?

The disposition will depend on the particular facts and legal issues of your case. However, in cases where the Defendant has injured the victim, has prior convictions, or is on probation or parole, the penalties will almost always be harsher.

Does the victim have to have a visible injury for the defendant to be charged with Domestic Violence?

No. A scratch or mark left by a slap, punch or kick is not required. Verbal abuse coupled with threats may be enough to result in an arrest and conviction for domestic violence.

What are some of the defenses for alleged Domestic Violence?

The potential defenses will depend on the particular facts and circumstances of your case. Potential defenses may include: self-defense, mutual combat, insufficient evidence, and factual innocence. Although the State regularly prosecutes allegations of domestic violence in cases where the alleged victim does not wish to "press charges," such cases may realistically be difficult to successfully prosecute.

Conclusion

The Gillespie Law Firm, P.C. has years of experience in defending clients charged with alleged domestic violence offenses in Arizona. The firm can handle all aspects of your case, including pre-trial investigation, witness interviews, legal research, defense identification, motion practice, plea negotiations, and, if necessary, full litigation at trial and on appeal.


 
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