questions & answers

Question: My teenage daughter and I were both arrest for domestic violence and both of us were prosecuted. Same case yet we were both identified as defendants which very effectively eliminated any accountability especially by the courts to address "Victim's Rights" at all. The words "dominate aggressor" does not exist , at least not in the statues in AZ. So my question is: How do the courts justify this? Is this ethical? Every justification so far has been absolutely absurd. Have you thought this through at all? Obviously: no victim, double fees, more income, more DV programs as Dual arrests increase

Answer: Arizona Revised Statute 13-3601 discusses the law in Arizona regarding domestic violence. It states : “A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person who is at least fifteen years of age, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection.”
While the law does not specifically state anything about dominant aggressors, it does mention that self-defense is not an act of domestic violence.  In 1997 there was a proposed amendment to include language regarding primary aggressors; however the bill was never voted on by the legislature. For more information regarding this bill see, Forty-third Legislature - First Regular Session HB 2561. If you do not agree with the current law you can contact your congressional representative. Information about locating your legislators can be found here: How Do I Find or Contact my Legislators?.