Domestic violence is an allegation that is attached to an underlying criminal offense. The most common misdemeanor domestic violence charges are: Interfering with Judicial Proceedings, Criminal Damage, Disorderly Conduct, Assault, Threatening or Intimidating, Criminal Trespass, and Preventing the Use of a Telephone in an Emergency. To prove domestic violence, the State must prove the nature of the relationship between the defendant and the victim falls within the Arizona Revised Statutes' definition.
Arizona Revised Statutes §13-3601 defines Domestic Violence as follows:
(A) "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602, or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3, or section 13-2916, 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 defendant is one of marriage or former spouse 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.
The relationship between the victim and the defendant is currently or was a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.
Domestic violence cases often involve "he said/she said" types of situations with no witnesses. Oftentimes when police are called, one party is arrested. Even if the victim does not want to prosecute, the State may proceed with charges. In Arizona, a domestic violence conviction requires that the defendant complete a Domestic Violence counseling/treatment program. It is important to contact an experienced attorney to protect your rights. Domestic violence convictions can have a lasting negative impact on your employment, child custody, and gun rights.
Disclaimer: The information on this website is intended to be informational only, and it is not intended to be legal advice for a specific case. It does not establish an attorney-client relationship. Readers should not act upon any information on this website without seeking the advice of counsel.