In Arizona, domestic violence isn’t just a statistic—it’s a reality affecting thousands of residents each year. A 2017 study by the Centers for Disease Control and Prevention estimated that almost 40% of Arizona adults have experienced domestic abuse at some point in their lifetime. Even more alarming, according to Arizona Coalition to End Sexual and Domestic Violence data, approximately 100 fatalities occur annually in Arizona due to domestic violence, including victims, bystanders attempting to intervene, and first responders. Understanding what constitutes domestic violence under Arizona law is important whether you’re concerned about your own situation, worried about someone else, or simply seeking legal information.
What Qualifies as Domestic Violence Under Arizona Law?
In Arizona, domestic violence is not a standalone crime but rather a designation applied to various criminal offenses when they occur between people in specific relationships. Under ARS 13-3601, domestic violence is defined as certain specified criminal offenses committed between individuals who have specific familial or household relationships.
The complexity of domestic violence laws in Arizona stems from the fact that most crimes can potentially be categorized as “domestic violence” offenses depending on the relationship between the parties involved. This designation carries additional consequences beyond the penalties for the underlying crime itself.
Qualifying Relationships Under Arizona Law
For a crime to be designated as domestic violence in Arizona, the relationship between the victim and the alleged offender must fall into one of the following categories:
- Current or former spouses
- Persons currently residing or who previously resided in the same household
- Individuals who share a child in common
- One party is pregnant by the other
- Related by blood, court order, or marriage as a parent, grandparent, child, grandchild, brother, or sister
- Related by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law
- 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 has resided in the same household as the defendant
- Current or previous romantic or sexual relationship
When determining whether a romantic or sexual relationship exists or existed, courts examine four specific factors: the type of relationship, the length of the relationship, the frequency of interaction between the victim and the defendant, and, if the relationship has ended, the time elapsed since termination.
Physical Forms of Domestic Violence
Physical domestic violence encompasses a range of actions that cause or attempt to cause bodily harm. In Arizona, these behaviors can be charged under various statutes:
Assault (ARS 13-1203) can be classified as domestic violence when it occurs between qualifying parties. This includes knowingly, intentionally, or recklessly causing physical injury, placing someone in reasonable apprehension of physical injury, or touching with intent to injure, insult, or provoke. Aggravated assault (ARS 13-1204) applies in more serious situations, such as when the assault causes serious physical injury, involves the use of a deadly weapon, or when the victim is bound or physically restrained.
Strangulation and suffocation are treated with particular severity. Impeding the normal breathing or circulation of blood by applying pressure to the throat, neck, or chest, or by blocking the nose and mouth of another person in a domestic relationship is considered a serious offense.
Unlawful imprisonment and kidnapping can also be charged as domestic violence when one person restrains another’s movements without consent and without legal authority. This might include preventing someone from leaving a home during an argument by blocking doorways, taking away car keys, or physically restraining them.
Non-Physical Forms of Domestic Violence
Arizona law recognizes that domestic violence extends beyond physical harm to include various forms of non-physical abuse:
Harassment (ARS 13-2921) involves conduct directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, or harassed, with no legitimate purpose. This includes following in public places, repeatedly contacting the victim, surveilling, or reporting false information.
Threatening or intimidating behavior (ARS 13-1202) includes threats to cause physical injury, serious damage to property, or other acts intended to terrify or intimidate another person.
Criminal damage (ARS 13-1602) can constitute domestic violence when one person damages the property of someone with whom they have a qualifying relationship. This might include destroying furniture, punching holes in walls, breaking electronics, or damaging vehicles.
Digital harassment has become increasingly common. Using electronic communication to terrify, intimidate, threaten, or harass (ARS 13-2916) can be charged as domestic violence when occurring between qualifying parties. This includes continuous texting, social media harassment, or monitoring of online activities.
Economic abuse, while not explicitly codified in Arizona statutes, can be addressed through other charges such as theft, fraud, or identity theft when one party illegally controls or exploits another’s financial resources.
Sexual Violence in Domestic Relationships
Marriage or being in a relationship does not grant automatic consent to sexual activity. Sexual assault (ARS 13-1406) occurs when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person without consent—regardless of marital status.
Arizona has eliminated the “marital rape exemption” that once existed in many states’ laws. Today, sexual assault within marriage is treated as seriously as sexual assault between strangers.
Sexual coercion—using threats, intimidation, or manipulation to obtain sexual activity—may be charged under various statutes depending on the specific behaviors involved. This might include threatening to reveal private information, threatening to end the relationship, or using financial control.
Child-Related Domestic Violence Offenses
When domestic violence occurs in the presence of children, additional charges and enhanced penalties may apply:
Child abuse (ARS 13-3623) is charged when physical injury, emotional damage, or sexual abuse is inflicted on a minor. This can occur alongside other domestic violence offenses.
Endangerment (ARS 13-1201) applies when a person recklessly endangers another with a substantial risk of imminent death or physical injury. Children exposed to domestic violence situations face such risks.
Under ARS 13-3601, if a domestic violence offense is committed in the presence of a child under fifteen who is in the same home as the victim, penalties are enhanced. “In the presence of” means that the child was physically present or could see or hear the offense.
The impact extends beyond criminal penalties—domestic violence substantially affects custody and parenting time determinations. Arizona courts prioritize the safety and well-being of children, and evidence of domestic violence creates a presumption against awarding joint legal decision-making.
Protection Orders in Arizona
Arizona offers several types of protection orders to safeguard domestic violence victims:
Emergency Orders of Protection can be requested after business hours through law enforcement. These temporary orders last until the close of the next court business day.
Standard Orders of Protection, issued by the court, provide protection for up to one year. They can prohibit the defendant from contacting the victim, committing further acts of domestic violence, going to specific locations (such as the victim’s home or workplace), possessing firearms, and more.
The filing process involves completing a petition at any superior, municipal, or justice court in Arizona, regardless of where the incident occurred. The petitioner must provide specific information about the alleged domestic violence incident(s) and the desired protections.
Once served upon the defendant by law enforcement, protection orders are immediately enforceable. Violations can result in arrest and criminal charges for interfering with judicial proceedings, a class 1 misdemeanor.
Penalties and Consequences for Domestic Violence
The penalties for domestic violence in Arizona depend on the underlying offense and any enhancing factors:
- Misdemeanor domestic violence convictions typically result in probation, fines, and mandatory domestic violence offender treatment programs that span at least 26 weeks. First-time offenders may be eligible for diversion programs in some jurisdictions.
- Felony domestic violence charges carry potential prison sentences ranging from 1 to 12.5 years depending on the offense class and criminal history.
- Under ARS 13-3601.02, a third domestic violence offense within 7 years constitutes aggravated domestic violence, a class 5 felony requiring a minimum of 4 months in jail without possibility of probation or suspension.
- Arizona has mandatory arrest policies for domestic violence incidents when there is probable cause to believe an offense occurred and visible injury exists or there’s reason to believe a weapon was involved.
- Federal law prohibits firearm possession by those convicted of domestic violence misdemeanors or subject to qualifying protection orders.
- Beyond criminal consequences, domestic violence convictions can impact employment, housing, professional licensing, immigration status, and parental rights.
These penalties underscore the seriousness with which Arizona treats domestic violence offenses. The impact of these consequences can follow offenders for years, affecting nearly every aspect of their lives. Understanding these potential outcomes highlights why addressing domestic violence situations promptly and appropriately is so critical.
Resources for Victims in Phoenix
If you’re experiencing domestic violence in Phoenix or elsewhere in Arizona, numerous resources can provide assistance:
Emergency Services:
- National Domestic Violence Hotline: 1-800-799-SAFE (7233)
- Maricopa County Domestic Violence Hotline: 480-890-3039 or 1-844-SAFEDVS (723-3387)
- In immediate danger, call 911
Local Shelters and Support Organizations:
- New Life Center: 623-932-4404
- Sojourner Center: 602-244-0089
- Chrysalis: 602-944-4999
- CPLC De Colores: 602-269-1515
- Eve’s Place: 623-537-5380
Legal Assistance:
For professional representation, consider consulting with a skilled domestic violence lawyer to help navigate your case. Additionally, organizations such as Community Legal Services provide free legal help to qualifying individuals. The Arizona Coalition to End Sexual and Domestic Violence also offers legal advocacy, and the Maricopa County Superior Court’s Self-Service Center provides forms and instructions for protection orders.
Additional Support:
- Victim compensation programs can help with medical expenses, counseling costs, lost wages, and funeral expenses resulting from domestic violence.
- Many organizations offer counseling, support groups, safety planning, and other services to help victims recover and rebuild.
Domestic violence is a pervasive issue affecting every demographic in Arizona. Understanding what constitutes domestic violence under state law is an important first step in addressing this serious problem, whether you’re seeking help, supporting someone else, or working to prevent abuse in your community.
Are You Dealing with Criminal Charges in Arizona? We Can Help
If you or someone you love is facing criminal charges in Arizona, contact the Phoenix criminal defense lawyers at Gurion Legal today. Few firms in Arizona boast the services of a certified criminal law specialist. Gurion Legal offers one with the personal attention you can only get from a boutique firm.
Lead Attorney Omer Gurion is a Board-Certified Criminal Law Specialist under the State Bar of Arizona Board of Legal Specialization, and has built a firm dedicated to ensuring that defendants receive experienced legal representation as guaranteed by the Constitution.
Contact the Gurion Legal today by calling (480) 800-0020 or by filling out one of our contact forms to discuss your case today. Our criminal defense lawyers can review your case and advise you of your legal options.
