Criminal Defense

Domestic Violence

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.

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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.

Guide: can domestic violence charges be dropped?

Common questions

Can the victim drop domestic violence charges in Arizona?

No. Charges are brought by the State, not the alleged victim, and only the prosecutor can dismiss them. A victim's wishes are considered but are not controlling — recanting does not end the case, and a defense strategy cannot depend on it.

Will a first-offense domestic violence charge mean jail?

Not necessarily. Penalties follow the underlying offense, and many first-time misdemeanor cases resolve without significant jail — though a conviction requires completing a domestic violence offender treatment program. The collateral consequences are serious enough that no DV charge should be handled without counsel.

Can I own a firearm after a domestic violence conviction?

Federal law prohibits firearm possession after a conviction for a misdemeanor crime of domestic violence, and Arizona imposes its own restrictions while orders of protection are in place. For anyone whose work or life involves firearms, this is often the single most important consequence in the case.

Does a domestic violence charge affect child custody?

Yes. Under A.R.S. § 25-403.03, significant domestic violence creates a presumption against awarding legal decision-making to the offending parent. A DV case and a custody case often run in parallel, and what happens in one affects the other.

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What happens after you call.

Every case is different, but the first four steps rarely are.

  1. The free consultation

    We listen to what happened, explain the charges or the claim in plain language, and tell you what the realistic outcomes are. There is no cost and no obligation.

  2. Getting the evidence

    We obtain all relevant discovery — police reports, videos, photographs, 911 recordings, witness statements — and thoroughly investigate before anyone commits to a position.

  3. Building the defense

    We interview witnesses, raise relevant defenses, draft pre-trial motions, and negotiate with the prosecutor for dismissal, diversion, or a lesser charge.

  4. Resolution or trial

    Most matters resolve before trial. If yours does not, we are confident going to court and will present the best case possible.

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