Domestic Violence Article


Determining Domestic Violence

People every day are affected by domestic violence. Some individuals do not recognize they are in an abusive relationship others are afraid to leave. For those who question: what is domestic violence? Am I a victim? How do I know? Or, what do I do?  This article will provide Arizona specific answers; so, you can know there is hope for all who are affected by domestic violence.

Determining Domestic Violence

The Department of Justice defines domestic violence as: “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.” The United States Department of Justice, http://www.justice.gov/ovw/domestic-violence (last visited Sept. 28, 2016). This includes physical abuse, sexual abuse, emotional abuse, economic abuse, and psychological abuse.

Domestic violence does not discriminate. It can happen to anyone regardless of age, color, gender, sexual orientation, or religious beliefs. What people may not realize is that there is also an impact on youth. Teenage years are formative years and many young people may not realize they too can be involved in a domestic violence relationship.

According to SafeTeensAZ.org teen violence is defined as – “one partner tries to maintain power and control over the other through physical, emotional, sexual or stalking abuse. Teen dating violence crosses all racial, economic, and social lines and most victims are young women.” Safe Teens AZ, http://www.safeteensaz.org/dating-violence (last visited Oct. 3, 2016). This site includes some early warning signs that may indicate your relationship or date is becoming abusive: extreme jealously, telling you how to dress or act, keeping you away from friends, controlling behavior, and more. These are only some of the factors listed on their website.

Arizona law has what is called “the relationship test”. Pursuant to A.R.S. §13-3601 a relationship is defined as:
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 the law defines domestic violence under A.R.S §13-3601. This statute includes an enumerated list of domestic violence offense as described below:

Arizona Revised Statute (Law)    Crime

      13-705    Dangerous crimes against children
      13-1102    Negligent homicide
      13-1103    Manslaughter
      13-1104, 13-1105    1st and 2nd degree murder
      13-1201    Endangerment
      13-1202    Threats or intimidation
      13-1203    Assault
      13-1204    Aggravated assault
      13-1302    Custodial interference
      13-1303    Unlawful imprisonment
      13-1304    Kidnapping
      13-1406    Sexual assault
      13-1425    Unlawful disclosure of images depicting any nudity or specific sexual activities
      13-1504, 13-1503, 13-1502    Criminal trespass, 1st – 3rd degree
      13-1602    Criminal damage
      13-2810    Interfering with judicial proceedings
      13-2904(A)(1), (2), (3), (6)    Disorderly Conduct
      13-2910(A)(8)(9)    Cruelty to animals by neglect, mistreatment, or abandonment
      13-2915(A)(3)    Intentionally prevent or interfere with the use of a telephone by another person in an emergency situation.
      13-2916    Use of electronic communication to terrify, intimidate, threaten or harass
      13-2921    Harassment
      13-2921.01    Aggravated harassment
      13-2923    Stalking
      13-3019    Surreptitious (secret, unauthorized) photographing
      13-3601.02    Aggravated domestic violence (here, if a person commits a third or subsequent domestic violence offense, the person is guilty of domestic violence
      13-3623    Child or vulnerable adult abuse
If you are a victim of one of the above mentioned domestic violence offense know there is help.

Resources available

Below are a number of resources available to you.

The Arizona Coalition to End Sexual and Domestic Violence is dedicated to providing direct services to victims and survivors of domestic violence. Their information can be found at: http://www.acesdv.org/

The Arizona Coalition for Domestic Violence has put together a list of shelters available to you throughout the state. Please click on the link to access their list. http://www.azcadv.org/azcadv2014wp/wp-content/uploads/2016/03/DV-and-SV-Program-List-Revised-on-3.15.2016.pdf

If you are seeking to leave the state there are domestic violence shelters throughout the country where you can stay. Please click on the link below to direct you to a shelter in the state or city you wish to go. https://www.domesticshelters.org/

The Arizona Supreme Court has provided additional information that include safety plans and orders of protection. This information can be found at: http://www.azcourts.gov/domesticviolencelaw

Some victims are unsure of their rights. The Arizona Department of Public Safety along with the Arizona Attorney General’s Office has compiled a list stating what rights victims automatically have and what other rights victims can assert. This can be found at: http://crime.azvictims.org/AZVOCA/pdf/VictimsRightsFlyer_English.pdf

There is an additional site that is discrete and can be downloaded as an app on your phone. This provides fast information when needed most. The site is http://AskAZ.org.

The Maricopa Association of Governors has provided a free safety plan pamphlet. The pamphlet is free and can be printed so it can be carried at all times. The safety plan can be found at: http://www.azmag.gov/Documents/pdf/cms.resource/dvsafety-new9-1-0529521.pdf

Comments:

QUESTIONS

  • My Brother is a 32 combat veteran of the 5th Special forces group. He was arrested yesterday for aggravated assault. He is heavily medicated due to injuries and may be a threat to his family. His wife called me yesterday asking me to help but I do not know what I can do. Can some one offer me some advice on what, as his brother, I can do?
  • 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?
  • In Arizona when can a legally married man(woman) be charged with rape of his/her spouse?
  • I am not married to my daughters father, we recently split due to domestic violence. I am talking with him and his lawyer to get a resolution before our temporary orders hearing. The only term we are not agreeing on is that I want to stipulate that my daughter and I can relocate to Colorado in a year. His attorney keeps saying the courts will not accept that even if we come to an agreement on everything else before our court date. I spoke to an attorney who told me the opposite. How do I word this to his attorney or is his attorney right?
  • 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?
  • what do i do if my friends father and brother is fisicaly hurting her and her boyfriend every day. ( thay have marks on ther body every time i see them and i guess the police are not doing anything for her or her boyfriend.they have ben called numerious times for a variety of violent crimes and absouluty nothing has ben dun. fro,m what im being told. is this possible
  • I am the guardian of my 2 grandchildren (their mother is my oldest daughter) she had been in a domestic violence situation with the kids dad (he is in prison until July 2016) she lives with friends, no job, possible drugs. He does drugs and has a new girlfriend pregnant. I do not want either of them to obtain children EVER. What can I do to protect the kids and myself since Arizona tends to want to reunite children and parents. This is not a good idea with either of the biological parents. I love them to much to have them suffer. Guardian since 2010, they are age 9 and 6. suggestions?
  • We just found out that my sister-in-law is being physically abused by her new husband. She refuses to call the police because he says he will kill her and her family. Can we call the police and what is the likelihood he will be arrested, held and for how long? She fears he will be worse when he is released.
  • If an order of protection was placed, does it show addresses, names, and phone numbers to the person being served?
  • My boyfriend was arrested last night for aggravated assault against me. I told the police that he has a history of mental illness and that he needed to go to a psychiatric hospital but they took him to jail anyway. I am not pressing charges but I am afraid the state will. How do I help him get the charge dropped and get mental help?

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS