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 baby mom got a order of protection against me for both her and my son. After my 1 hr supervised visitation she is required to leave the area immediately but she waits around. The director of the program witness and she made a 3rd party affidavit confirming that she waits when she shouldn't. She also says she hears the extremely inappropriate things my son says. She made a police report stating I was following her BUT she should of been 20 minutes away from the area . I got arrested beat the case and now I want legal actions done against her ? What would be my first step What kind of lawyer
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My husband has a 8 year old daughter ... and she lives with her mom but she dose not get the care she needs ... we have called cps to investigate the case.. but we have not gotten any more information on the case ... the social worker never picks up our calls or returns our messages.. we dont know what do his daughter wants to come live with us can my husband change her to a school near by with out legal paperwork and not get in trouble with law or where dose he need to go to try and get custody of his daughter we dont have the funds for a lawyer ... will he need a lawyer?
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What do I do if my spouse filed a domestic violence claim against me wrongfully? I have been out of the house for 3 weeks because she is the one who was abusive.
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Can Judge use a charge of DV over a year old in order to apply a RO ?
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I got granted temporary sole legal decision making of my daughter but during this case I got into a car accident with my other daughter, I was not the driver or passenger and had no illegal part in this accident. Now my daughters father is telling me he has temporary sole custody and I cannot see her at all. He has domestic violence and was told that sole custody was not an option in our case for him. He got a lawyer and we made a settlement so it would be easier for me because the accident ruined everything with my life and I signed it but she told us that we needed to get it notarized.
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If a child is charged with domestic violence against a parent and the child is 16, does this stay on the childs record permately?
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I co-own a house with my fiance. He was abusive, and I ended up having to get an order of protection against him. Is there a way I can get him to "sell or release" his half of the property?
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I AM TRYING TO GET A DIVORCE....HOW LONG DOES THIS PROCESS TAKE?
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A TPO was filed on me. The petitioner tried to contact me many times after filing. Sending me texts like "Please cum sleep with me". The judge still extended the order for 12 months. I posted a web site giving an editorial of my experience. The petitioner got a warrant & I was charged with Aggravated Stalking in a different county than the TPO was filed. Can a web site be considered contact?
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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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