Being accused of domestic violence in Arizona is a serious matter that could result in harsh legal and personal consequences. If convicted, these charges will lead to fines, potential prison or jail time, and a criminal record, making it difficult to visit the children, rent a home, or find a job. Accusations, even if unfounded, can also lead to social ostracisation.
Knowing the Arizona domestic violence laws can help you understand your rights and the options available to you as you face domestic violence charges.
Arizona Domestic Violence Crimes
In Arizona, domestic violence is a category of offenses reserved for incidents that occur between two individuals who are in a special type of relationship. Put another way, domestic violence does not cover all types of assault. The parties must be current or prior spouses, romantic partners, sexual partners, have a child together, or be related biologically or by other means (such as through marriage or step-family). Domestic violence can even happen between parents and their adult children.
Domestic violence actions include:
Threats
Threatening to hurt someone who qualifies as a domestic relation, whether verbally or nonverbally, is a form of domestic violence in Arizona. These actions can be considered violence because they can frighten and induce a hostile atmosphere, even without injuring anyone physically. Threatening to kill someone or even threatening property damage, for example, falls within the definition of domestic violence if perpetrated by a qualifying partner.
Kidnapping
Kidnapping means to detain or enslave a person in an illegal fashion, usually by force, threats, or lying. In the context of domestic violence, kidnapping can arise when one partner prevents the other from going somewhere or manipulates them to do so. This is especially common during conflict or prolonged conflict.
Hitting
Punching, slapping, or physically striking another human being is assault. This behavior, when applied to a loved one, spouse, or person in a relationship, is considered domestic violence. Small acts of physical contact can also result in charges if they are considered offensive or abusive.
Assault
Assault can include hitting, but it extends further and encompasses all intentional injury or injury. It can also include attempts to hurt someone, even if no physical contact occurs. For example, throwing a punch at someone, even if the punch does not land, might still qualify as an assault in Arizona. Assault can also cover kicking, biting, scratching, or using weapons like knives or household objects to injure someone.
Unlawful Restraint/Holding Someone Against Their Will
Unlawful restraint is the act of obstructing a person’s freedom of movement or expulsion from a place without their permission. In domestic relationships, this could be by locking a person in a room, preventing them from leaving or holding them at bay during an argument.
Sexual Assault/Abuse
Sexual abuse or assault involves forcing or coercing a person to engage in sexual activity against their will. This is a very serious matter in Arizona and can result in extreme consequences if convicted. In addition to domestic violence consequences, perpetrators will also be required to register on the sexual offender registry.
Murder/Homicide
If domestic violence becomes deadly, it is deemed murder or homicide. This is the most severe type of domestic violence and can include both deliberate murder and accidental death by violence. It also typically results in the most severe punishments.
Stalking
To stalk is to repeatedly pursue, follow, or harass someone until they fear for their life. Examples of stalking may include uninvited visits to a person’s house or office, threats, or even spying on them via technology. Stalking a qualified domestic relation can result in domestic violence charges.
Harassment
Harassment involves frequent, unwanted contact or behavior that is emotionally abusive or frightening. This could include repeated calling, texting, emailing, or simply arriving suddenly at the victim’s residence if the goal is to scare or frighten the victim.
The Laws in Arizona for Domestic Violence
Arizona has specific laws that help define and penalize domestic violence. According to state law ARS §13-1601, whether an incident qualifies as domestic violence rests on the relationship between the alleged perpetrator and the victim. The law specifies what types of relationships qualify and what constitutes domestic violence.
The law also describes that accusations may result in a restraining order, limiting an individual’s ability to call or meet the victim. It’s a crime to violate these mandates. Even without the presence of physical evidence, Arizona police are generally required to arrest someone if they have reasonable cause to suspect that they have committed domestic violence.
Convictions can even restrict firearm ownership or possession, especially in federal cases. It’s also important to note that a domestic violence arrest can be made even when the suspected victim doesn’t wish to make a complaint. Prosecutors can proceed if they believe there’s enough evidence.
State law ARS §13-1602 defines aggravated domestic violence, which is a more serious charge that can be levied if the individual has previously been charged with domestic violence. If this is a third or subsequent conviction within 84 months since the prior conviction, whether the previous convictions occurred in Arizona or another state, increased penalties will result. Perpetrators will be charged with a Class 5 felony regardless of the first offense penalties listed below and risk either four or eight months minimum time in jail.
The Penalties for Domestic Violence in Arizona
Arizona’s punishments for domestic violence vary based on the type of crime committed, including whether the crime is a misdemeanor or a felony. The majority of first-time crimes are misdemeanors, punishable by time in jail, a fine, mandatory domestic violence or anger-management therapy, and probation.
However, if the crime involved excessive damage, the possession of a weapon, or multiple infractions in the same incident, it can be charged as a felony. Felony domestic violence is punishable with a sentence that ranges from one year to decades, large fines, and the loss of civil rights, including the right to vote or own guns. As mentioned, multiple convictions over 84 months can lead to felony charges.
Other conditions can increase the severity of the penalties. For instance, if you injured the victim, committed the crime in front of children, or have a history of domestic violence convictions, you might face increased charges and harsher sentences.
Sometimes, even a misdemeanor conviction can lead to restrictions on custody or visitation rights to the children. In addition, violations of protective orders during or after a domestic violence incident constitute separate criminal acts.
Common Defenses to Domestic Violence Charges
Facing domestic violence charges in Arizona can be frightening and stressful, especially if the charges are unfounded. Remember that an accusation and charges do not always mean a conviction. An effective defense attorney can question the situation, dismantle the prosecution’s evidence, expose unfounded charges, and secure your rights.
The following are some of the most common domestic violence defenses:
Self-Defense
Self-defense is one of the most commonly invoked defenses. If you were attempting to protect yourself from injury, any assault on the person in question could be found to be legally justifiable. This defense requires solid evidence that the defendant was in danger of injury and used reasonable force to avoid it. It can be justified via evidence of relevant injuries or even by personal or witness testimony.
Defending Others
This defense is used if the perpetrator acted to save someone else, including a child or other family member, from harm. The use of reasonable force in the right context could justify what would otherwise be deemed domestic violence.
Insufficient Evidence
The prosecution bears the burden of proof in a case of domestic violence and must establish guilt beyond a reasonable doubt. When the evidence is weak, inconsistent, or inconclusive, a skilled defense lawyer can highlight these issues and argue for the case to be dropped. For instance, evidence that cannot be corroborated could be successfully contested.
False Accusations
It’s not unusual for allegations of domestic violence to be false, especially when couples are divorcing or sharing child custody. An attorney representing the defendant can point out gaps in the accuser’s claims, expose the motivations for fabricating the accusation, and introduce evidence that would question the credibility of the accusation.
Consent
While not the most common defense, there are times when the accuser consented to the alleged perpetrator’s actions. Sometimes, what might seem like domestic abuse turns out to be a conflict between two individuals. If both parties participated freely, this could undermine the narrative that only the accused was at fault. A lawyer can present evidence of the accused’s own injuries to help support this claim.
Misconduct or Procedural Issues
If police breached the accused’s constitutional rights during the search or arrest by conducting an unconstitutional search or denying them their Miranda rights, illegally obtained evidence may be seized. This can seriously undercut the prosecution’s argument. Similarly, issues with the chain of custody or other questionable procedures can be used to discredit the prosecution’s case.
Each domestic abuse case is different, and the best defense strategy will be based on the particular facts and situation. A skilled defense lawyer can help you prepare a custom defense, protect your rights, and work towards the best possible outcome for your case.
The Impact of Domestic Violence Allegations
If you are arrested for domestic violence in Arizona, the effects can extend far beyond the courtroom. The stigma of a conviction and its associated negative impact can dramatically affect an individual’s personal, professional, and social life.
The most immediate impact of domestic violence accusations is interpersonal harm. Allegations threaten or break bonds with loved ones, family, and friends. This is particularly true if a protective order is issued that might prohibit the accused from speaking to the alleged victim or even their own children.
In family court, accusations of domestic violence can play an important role in determining child custody and visitation. Judges can suspend or even refuse parental rights based on the accusation alone.
In the workplace, accusations can result in loss of employment or job rejection, particularly in jobs that require a background check or security clearance. Employers treat allegations of domestic violence as a liability, and reputational damage can undermine professional relationships. In the case of some occupations (like police work, education, or medicine), charges can lead to suspension of professional licenses or cancellation.
In a social sense, the suspect may be stigmatized and socially ostracized. Friends and colleagues might turn away, and rumors of the charges can circulate on social media or public files, threatening one’s image.
Finally, financial burdens often arise. Defending yourself against allegations, going to therapy, or obeying court orders can be costly. If added to job loss or professional career failure, allegations become a financial drain.
What to Do if You’ve Been Accused of Domestic Violence
Facing domestic violence charges can be an emotionally challenging experience. However, there are steps you can take to approach the situation in the best possible way by assisting your case and fighting for a better outcome.
If you are arrested, be calm and respectful. Don’t fight the arrest or argue with the police – this can make things worse. Do not discuss the incident, answer questions, or make statements without legal representation. Whatever you do or say can be used against you.
Never try to explain yourself or argue your case without an attorney present, and don’t be afraid to refuse interviews until you’ve spoken with a lawyer. Seek the counsel of a skilled criminal defense attorney who handles cases regarding domestic violence as soon as possible. They can evaluate the charges, assess the evidence, and craft an individualized defense plan.
If you’re given a protective order or no-contact order, do not break the order. Refusing to comply with these directives can lead to additional charges and put your case at risk. Talk to your attorney to find proof, including texts, emails, or photographs that might be helpful. Pick witnesses who may testify on your behalf. Do not even attempt to speak to the suspected victim, even indirectly, as this can violate emergency court orders or make it appear as if you are harassing or stalking the victim.
In short, the first thing you should do after allegations of domestic violence is to obtain representation from a skilled criminal defense firm like The Valley Law Group.
Domestic Violence Law FAQs
You likely have many pressing questions after a domestic violence arrest, so we’ve compiled some of the most common here.
Defend Your Future with an Experienced Arizona Domestic Violence Attorney
Domestic violence charges in Arizona carry serious legal and personal consequences, including potential jail time, fines, and long-term impacts on child custody and employment. A strong legal defense is crucial to protecting your rights.
At The Valley Law Firm, our seasoned criminal defense attorneys have a proven track record of successfully handling domestic violence cases. With in-depth knowledge of Arizona law and extensive courtroom experience, we will thoroughly investigate your case, challenge the prosecution’s evidence, and fight for the best possible outcome—whether that means reduced charges, case dismissal, or an aggressive trial defense.
Don’t wait. Your defense starts now. Contact The Valley Law Firm today for a free, confidential consultation.
Resources
- Arizona Revised Statutes. (2024). § 13-3601. Domestic violence; definition; classification; exceptions. Arizona State Legislature. https://www.azleg.gov/ars/13/03601.htm
- Arizona Revised Statutes. (2024). § 13-3601.02. Aggravated domestic violence; classification. Arizona State Legislature. https://www.azleg.gov/ars/13/03601-02.htm
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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