Domestic Violence Article
Domestic Violence in Arizona Criminal Law
This article provides a brief overview of domestic violence in Arizona criminal law. Not all forms of domestic violence are listed as crimes in the Arizona Criminal Code. To learn more about the many other serious forms of domestic violence, please see the “What is Domestic Violence?” article on this website.
How does the Arizona Criminal Code define domestic violence?
The Arizona Criminal Code uses a “relationship test” to determine whether a specific crime is an act of domestic violence. If the perpetrator of a crime and the victim of that crime have or previously had a specific kind of relationship, then the crime is an act of domestic violence.
What kinds of relationships meet the domestic violence relationship test?
Under the Arizona Criminal Code, a crime is an act of domestic violence if any of the following apply:
• the victim and the perpetrator are married or were previously married
• the victim and the perpetrator live together or previously lived together
• the victim and the perpetrator have a child in common
• the victim or the perpetrator is pregnant by the other person
• the victim is related to the perpetrator or to the perpetrator’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister
• the victim is related to the perpetrator or to the perpetrator’s spouse by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law
• the victim is a child who lives or previously lived in the same household as the perpetrator and is related by blood to a former spouse of the perpetrator or to a person who lives or previously lived in the same household as the perpetrator
• the relationship between the victim and the perpetrator is currently or was previously a romantic or sexual relationship
In determining whether the relationship between the victim and the perpetrator is currently or was previously a romantic or sexual relationship, the following factors may be considered:
• the type of relationship
• the length of the relationship
• the frequency of the interaction between the victim and the perpetrator
• if the relationship has ended, how much time has passed since the relationship ended
What kinds of crimes are acts of domestic violence if the victim and the perpetrator meet the relationship test?
If the relationship between the victim and the perpetrator meets the domestic violence relationship test, then the perpetrator’s crime is an act of domestic violence if the perpetrator’s crime is any of the following:
• any dangerous crime against children (A.R.S. § 13-705)
• negligent homicide (A.R.S. § 13-1102)
• manslaughter (A.R.S. § 13-1103)
• second degree murder (A.R.S. § 13-1104)
• first degree murder (A.R.S. § 13-1105)
• endangerment (A.R.S. § 13-1201)
• threatening or intimidating (A.R.S. § 13-1202)
• assault (A.R.S. § 13-1203)
• aggravated assault (A.R.S. § 13-1204)
• custodial interference (A.R.S. § 13-1302)
• unlawful imprisonment (A.R.S. § 13-1303)
• kidnapping (A.R.S. § 13-1304)
• sexual assault (A.R.S. § 13-1406)
• unlawful disclosure of images depicting states of nudity or specific sexual activities (A.R.S. § 13-1425)
• criminal trespass (A.R.S. § 13-1502-04)
• criminal damage (A.R.S. § 13-1602)
• interfering with judicial proceedings (A.R.S. § 13-2810)
• disorderly conduct (A.R.S. § 13-2904(A)(1),(2),(3),(6))
• cruelty to animals by neglect, abandonment, or mistreatment (A.R.S. § 13-2910(A)(8),(9))
• preventing or interfering with use of a telephone in an emergency (A.R.S. § 13-2915(A)(3))
• use of an electronic communication to terrify, intimidate, threaten, or harass (A.R.S. § 13-2916)
• harassment (A.R.S. § 13-2921)
• aggravated harassment (A.R.S. § 13-2921.01)
• stalking (A.R.S. § 13-2923)
• surreptitious (secret, unauthorized) photographing, videotaping, filming, or digitally recording or viewing (A.R.S. § 13-3019)
• aggravated domestic violence* (A.R.S. § 13-3601.02)
• child or vulnerable adult abuse (A.R.S. § 13-3623)
* if a perpetrator commits a third or subsequent criminal act of domestic violence within 7 years then they may be charged with the crime of aggravated domestic violence
What happens when a crime is an act of domestic violence?
If a perpetrator has committed any crime listed above and the victim and the perpetrator meet the relationship test, then the perpetrator has committed an act of domestic violence in addition to the underlying crime.
Under the Arizona Criminal Code, domestic violence is not an independent crime. Instead, it is a way to increase the punishment and/or penalties that come with being convicted of a crime that was also an act of domestic violence.
For example, if the victim and the perpetrator are in a romantic relationship and the perpetrator assaults the victim, then the victim may be charged with the crime of assault and, if convicted of the crime of assault, must also be ordered to complete a court-approved domestic violence offender treatment program at the perpetrator’s own expense. The perpetrator may also have their firearms taken away.
Published: April 2020
Sources and further reading
The information provided in this article comes from the following sections of the Arizona Criminal Code:
Arizona Revised Statutes (A.R.S.) § 3601: https://www.azleg.gov/ars/13/03601.htm
Arizona Revised Statutes (A.R.S.) § 3601.01: https://www.azleg.gov/ars/13/03601-01.htm
Arizona Revised Statutes (A.R.S.) § 3601.02: https://www.azleg.gov/ars/13/03601-02.htm
Comments:
QUESTIONS
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My ex is pregnant and we have tried but cannot get along I have asked her to leave she will not. She does not work nor has she the entire time we have been together. We do not own any property or rent a apartment or home together. I have a travel trailler I just purchased and found a cheap yard to store it and live in temporarily only two weeks ago. We have tried well given a chance to say the least. I tried for the sake of new coming baby. Her violence and abuse threatening and destroying my property ruining my work equipment and vehicle. She has been arrested one time already for violence.
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I went to jail on domestics volince charges and took a ple bargen idident understand what was going on im mental ill what do i do
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My husband wants custody of his three boys 12,10,8.He has joint legal custody with his ex-wife,butshe has primaryphysical custody but oldest wants to be with dad.She is abusive to the children and CPS are involved they said that they can't do anything about custody.My husband took one boy to sheriff after an incident but even though there was was a case opened and an ivestigation,when the report was sent to the district attourney's office they didn't continue to persue charges.She left a bruise on the boys face but since nothing was done about it what can I do if we can't afford an attourney?
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I have an issue where my wife’s step-dad grabs my daughter with more force then necessary to try to discipline her. I am going to confront him about this and want to know what options I have. If he does not want to comply
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I recently went through a child custody hearing. In the judges ruling, he claimed that I was convicted of Domestic Violence and that I was abusing te legal system by reporting Domestic violence by my ex. I have never been charged but my ex has been 12 times with 5 convictions and 5 other charges dismissed as part of plea agreements. Do I have any recourse against the judge?
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Can my children's father get a restraining order against me keeping me from my children after he lost all parental rights in court after he failed to comply with dcfs the state gave me custody and terminated his but I allowed him back in their lives now he says he has a restraining order is that possible?
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My daughter refuses to go to her moms, what happens if she doesnt go? She is being emotionally abused by her mom. Also, can i file for emergency custody if i can prove it?
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If someone was convicted of domestic violence 3 years ago, can they by any way file any motions to get the fines reduced by the court? or file for any motions to set aside the conviction?
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I have a court order of no contact with my ex girlfriend but she is living in my house not paying any bills nor is she on the lease, but i cannot return home because i have to stay away from her. What can be done? I sent a letter to the courts ask for an amendment also with a letter from the landlord telling me to get her out of the house because she is not on the lease or i will be evicted. But again i cant go home to . Basically she can just staywith free rent eating grapes with legs kicked up.
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I'm a survivor of domestic violence and sexual assault. It's been four years since the last domestic occurred and I moved to Washington to get away from my abuser with my kids. I am wondering since it has been four years ago if there is anything that I can do now like make a police report or legal action now.
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