Domestic Violence 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

  • My coucelor at SU VOZ VALE informed me i can fix my immigrant status, using the police report i filed on my ex boyfriend for the domestic violence? How and where do i start?
  • My family’s abuser (We’ve had an order of protection since October) has repeatedly contacted my father, threatening to call CPS on me. Tonight I saw him spying in a live stream video from my business instagram—it was not an account I knew, but definitely him. My bank account was also hacked into and I’m positive it was a move meant to send a message, as he used to control my finances and I thought this was the only card he never knew about. The court said call the police, the police say he’s allowed to do this. I’m scared and don’t know where to turn. Domestic advocacy places aren’t responding
  • If an order of protection was placed, does it show addresses, names, and phone numbers to the person being served?
  • 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.
  • I was in an argument with my boyfriend and he called the police. In the process, I was angry and cut two clothes which I gave him as gift in the past.The original price of those two items are 200 dollar in total, but it was worn for more than 2 years. Before I damage those two clothes, I have obtained consent from my boyfriend of returning those two clothes to me . However, I was still arrested and charged with criminal damage. If my boyfriend has agreed to return the clothes to me, is that still his property? I mentioned this to the police officer but he said he still need to arrest me.
  • If I have a deferred plea/sentencing does that count as a conviction?
  • where can I obtain a copy of restraining order placed against me in Feb 2015 by my girlfriend/Phoenix Court? keeping me away from property as well as her?
  • So my daughters father and i where together when she was born naturally i gave her his last name. On Septemeber 29, 2015 he was arrested and charged with his 3rd domestic. There's a 2 year order of protection in place he gets visitation within that op. Due to all this id like to not change but at least hyphenate her last name can i do this?
  • My husband wants custody of his three boys 12,10,8.He has joint legal custody with his ex-wife,butshe has primaryphysical custody but oldest wants to be with dad.She is abusive to the children and CPS are involved they said that they can't do anything about custody.My husband took one boy to sheriff after an incident but even though there was was a case opened and an ivestigation,when the report was sent to the district attourney's office they didn't continue to persue charges.She left a bruise on the boys face but since nothing was done about it what can I do if we can't afford an attourney?
  • If a relative has lived in your home for than a year and domedtic violence was involved, do i have to give her notice before I get rid of her belongings

STORIES

  • 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. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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