Determining Domestic ViolencePeople 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
13-1104, 13-1105 1st and 2nd degree murder
13-1202 Threats or intimidation
13-1204 Aggravated assault
13-1302 Custodial interference
13-1303 Unlawful imprisonment
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
13-2921.01 Aggravated harassment
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.
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
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?
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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?
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
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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?
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