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 son's father and his girlfriend had a domestic violence incident in his home where she broke glass, furniture, and physically assaulted him. The police came. My 5 year old son was in the home at the time. I would like to get a restraining order against her for my son. I don't want my son to be exposed to that again. She has also been harrassing me via hundreds of texts, phone calls, social media messages, etc. Do I have enough to file for a restraining order against her for my son? My concern is for my son's safety.
  • can police serve order of protection without seal on order
  • I am planning to leave my partner, who is verbally and sometimes physically abusive. We live together with our 4 year old daughter. If I take my daughter to live somewhere else (in state) would it be considered kidnapping? I plan on getting an emergency order of protection the following day as soon as the court opens. I want to make sure I am not breaking any law by removing her from her home.
  • i have a assault - touching with intent to injur charge and managed to miss my court date wich was on wed.Called today and they issued a warrent misdereanor but also have a 500.00 bond how do i take care of tis without going to jail ?????
  • I was served with an injunction against harassment and was never informed by the plantiff that I was harassing her...we were friends. Now I have been given this form and I don't know what to do...she never indicated that she felt threaten by me and showed no changes in her behaviors that would even give the slightest clue as to her feelings...what do I do to protect myself now...
  • 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.
  • What do I need to do to change one of my daughters last name. My domestic partner is not the biological father but he has been there with my daughter and i since about 3 months into my pregnancy. My daughter currently has my last name but both my partner and i want to change her last name to his. Her biological father isnt in the birth certificate nor in her life. And she is 1. What are the steps to change her last name?
  • How do I apply for help? I called 480-xxx three times waited for over an hour each time and was hung up onthree times. I am ttrying to apply on line and no way to apply. I am on disability am a single mom with three children. Their dad is abusive. I need sole custody and I need help please call me back.
  • MY daughter was roughed up my her live in bf. he also damaged her car. she was willing to go to the sheriffs office until they told her he would be arrest tonight and go to jail. How likely is that to happen the injury is broken nails bruised? the vechile damage is about $500 and he still has her glasses and a few other small things.
  • My parents kept seeing maks on my body assuming it was from being beat when really it was from aggressive sexual activities with my fiancé. Even though I told them it wasn't abuse I was embarrassed and afraid to tell them otherwise, so when they filed a report against my fiancé stating that he was hurting me and after I begged them not to do so they made it seem like they had already picked him up and took him in so when I spoke to the officer I was extremely distraught and went along with it anyways. He faces a hearing is there anyway I can stop this from happening,

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

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