questions & answers
Question: My friend just started dating someone who has to attend anger management courses because his ex accused him of domestic violence. He claims she had no proof and that he was not able to defend himself. I want to know if it is true that AZ courts will send someone to anger management classes without any proof of actual violence?
Answer: There are two different relevant factors with your question: what is considered domestic violence, and what the courts would consider evidence.
Domestic violence is a broad term in Arizona that encompasses man crimes. The crimes included in the list of what might be considered domestic violence range from homicide to yelling.
13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
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, 13-1302, 13-1303, 13-1304, 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 the defendant is one of marriage or former marriage 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.
6. The relationship between the victim and the defendant is currently or was previously 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 the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.
In Arizona there are different evidence rules that apply to cases involving family law. More specifically, rules that prevent hearsay and other forms of evidence that would not otherwise be considered valid are allowed to be used in the court’s decision.
This change comes from Evidence Rule 2(B).
B. Applicability of Arizona Rules of Evidence
1.Upon notice to the court filed by any party at least forty-five (45) days prior to hearing or trial, or such other date as may be established by the court, any party may require strict compliance with the Arizona Rules of Evidence, except as provided in subdivision 2(B)(3). If a hearing or trial is set upon less than sixty (60) days prior notice, the notice provided for in this paragraph will be deemed timely if filed within a reasonable time after the party receives notice of the hearing or trial date.
2.If no such notice is filed, all relevant evidence is admissible, provided, however, that the court shall exclude evidence if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay, waste of time, needless presentation of cumulative evidence, lack of reliability or failure to adequately and timely disclose same. This admissibility standard shall replace Rules 403, 602, 801-806, 901-903 and 1002-1005, Arizona Rules of Evidence., Eexcept as provided in subdivision 2(B)(3). All remaining provisions of the Arizona Rules of Evidence apply.
3.Regardless of whether a notice is filed under subdivision 2(B)(1):
a. Records of regularly conducted activity as defined in Rule 803(6), Arizona Rules of Evidence, may be admitted into evidence without testimony of a custodian or other qualified witness as to its authenticity if such document (i) appears complete and accurate on its face, (ii) appears to be relevant and reliable, and (iii) is seasonably disclosed and copies are provided at time of disclosure to all other parties; and
b. Any report, document, or standardized form required to be submitted to the court for the current hearing or trial may be considered as evidence if either filed with the court or admitted into evidence by the court.
C. Applicability of Local Rules. To the extent these rules are inconsistent with local rules, the provisions of these rules shall apply.
For the full text of the law defining domestic violence, visit: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03601.htm&Title=13&DocType=ARS
For the full text of A.R.S. Title 13 (to see statues referenced in domestic violence definition), visit: http://www.azleg.gov/arizonarevisedstatutes.asp?Title=13
For more information about Arizona law relating to domestic violence, please visit: http://www.azleg.state.az.us/ars/13/03601.htm
My friend just started dating someone who has to attend anger management courses because his ex accused him of domestic violence. He claims she had no proof and that he was not able to defend himself. I want to know if it is true that AZ courts will send someone to anger management classes without any proof of actual violence?
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