A.R.S. § 13-3601 — Domestic Violence

The relationship test

The designation applies when the defendant and the alleged victim are or were married, live or lived in the same household, have a child in common, are related by blood or court order (a parent, grandparent, child, sibling, or in-law), one is pregnant by the other, or they are or were in a romantic or sexual relationship — assessed by the type and length of the relationship and how much time has passed. No violence is required for the tag: offenses such as criminal damage, interfering with judicial proceedings, harassment, and disorderly conduct can all be designated DV.

What the designation changes

Officers responding to a DV call have arrest authority — and in practice make an arrest — on probable cause alone, even for misdemeanors they did not witness. Firearms can be seized at the scene. Release conditions routinely include no-contact orders that keep the accused out of their own home. On conviction, the court must order completion of a domestic violence offender treatment program, and a misdemeanor DV conviction triggers the federal firearm prohibition — a lifetime consequence attached to a misdemeanor.

Aggravated domestic violence

A third DV offense within 84 months becomes aggravated domestic violence under A.R.S. § 13-3601.02 — a felony with mandatory jail before probation eligibility. Prior DV convictions therefore matter enormously, including out-of-state ones, and challenging whether an old conviction actually qualifies is often a live issue.

Defenses

DV cases are frequently built on one witness account, made in the heat of a bad night, with little physical evidence. The defense examines the inconsistencies in that account, the physical evidence that does or does not corroborate it, self-defense where it applies, and whether the charged relationship actually meets the statute. What the State cannot do is rest the case on the alleged victim’s wishes — and neither can the defense, because recanting does not end the case. How these cases actually resolve is covered on our domestic violence defense page.