Protection Orders 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

  • Does the plaintiff of a protective order need to follow the same order as no contact order can the plaintiff contact the defendant
  • My ex-boyfriend was arrested in 2014 & sentenced to 4.5 year. I ended the relationship shortly afterward for many reasons including physical & mental abuse. He threatened me if I ever left him & tried to kill me twice. After his arrest, I became homeless & all of our belongings were lost. I have since met someone else & have gotten married. I wrote my ex in prison to let him know his belongings were gone & that I had gotten married & not to come looking for me or his things upon his release. I am afraid he will come after me.Is it possible to get an Order of Protection prior to his release?
  • I have an order of protection against my soon to be EX husbands sister. She constantly bad mouths me to my 2 children. She is causing unnesecary upset to them by making them feel they need to choose sides. Can I add my children to the protective order as people she can not have contact with?
  • are harrassment orders used to stop a party from defaming a persons character and to stop them from making false claims to various agencies?
  • A court signed an Injunction Against Harrassment to protect me from my ex-boyfriend but I cannot afford to pay a process server to have the injunction served on him.  He is still harrassing me but leaves before the police arrive.  What should I do?
  • If someone puts an order of protection or a restraining order against me, it is good for 1 year from service. But how long after does it stay on my personal file.
  • I was served with a protection order and had to leave my home. My girlfriend went by the house and noticed my roommate who had me served took my door off its hinges and stole my tools out of my room as well as the shed. What do I do?
  • We have a friend on our lease after 8 months of paying 0.00$ towards any bills her and her boyfriend moved out. Can we file a restraining order against them to keep them away from us our children and our home?
  • A cop came to my place of work and told me if I contact my ex he would throw me in jail. I've not had any orders by the court so can he it?
  • I was servd an order of protection from an exlover who i was in a long term gay relatinship with. since being served he has contacted me via e mail and phone several times. In addition he has visited me in my home, came over for intimate visits, etc. Is he legally allowed to do this being that he was he one who originated thee order?

STORIES

  • Age discrimination in the workplace. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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