What is Domestic Violence in Arizona?

Domestic violence is a term that carries heavy implications. It's a serious issue that affects countless individuals and families. At Millar Law, we aim to shed light on what domestic violence is, the penalties involved, and how it differs from standard criminal offenses under Arizona law.

What is Domestic Violence?

In Arizona, domestic violence isn't a standalone charge but is tagged onto other criminal charges when the involved parties share a “domestic relationship.” It is governed by A.R.S. § 13-3601, and there are many different offenses and relationships that fall under it. It encompasses a broad spectrum of abusive behaviors committed by someone with a “domestic relationship” with the victim.

What is a Domestic Relationship?

According to A.R.S. § 13-3601, a “domestic relationship” for domestic violence can be a spouse, parent, grandparent, child, grandchild, brother, sister, girlfriend, boyfriend, roommate, anyone currently or previously involved in a romantic relationship, etc. Your case may be considered domestic violence in several ways without you even realizing it.

What is Considered a Domestic Violence Offense in Arizona?

Once a domestic relationship is established, several ways exist to commit a domestic violence offense. Domestic Violence in Arizona can be an assault, disorderly conduct, criminal damage, interfering with judicial proceedings (violating a restraining order), harassment, etc. These include both misdemeanor and felony offenses.

In Arizona, Felony Aggravated Domestic Violence (A.R.S. § 13-3601.02) occurs when a person is charged with a third or more domestic violence cases within seven (7) years. The domestic violence offense does NOT have to happen in Arizona either. It could occur in another state or jurisdiction and still be applied. The conviction would apply as long as it would be considered domestic violence in Arizona. Aggravated Domestic Violence in Arizona is a class 5 felony.

The Penalties

The penalties for domestic violence in Arizona are severe and are typically aligned with the underlying criminal charges. For example, if the underlying offense is a class 1 misdemeanor, then the max penalties would be up to six (6) months in jail, three (3) years probation, a $2,500 fine plus a surcharge (78% as of 10/2023), and more.

In Arizona, all domestic violence cases require counseling. This is typically 26 classes that can last six (6) months or longer​. A conviction could also result in a no-contact order with the victim, restitution for any economic loss caused by the criminal act, loss of firearm rights, etc. If the domestic violence offense was a class 4 felony, the person could face prison time (ranging from 1 to 15 years), probation, fines, etc.

Aggravated domestic violence also has mandatory minimums. If a person has three or more domestic violence convictions in seven (7) years, the person MUST go to prison for a MINIMUM of eight (8) months. The person would not be eligible for probation.

What is the Difference Between Domestic Violence Assault vs. Standard Assault?

The distinction between domestic violence and standard assault largely hinges on the relationship between the perpetrator and the victim. While assault charges in Arizona are dictated by A.R.S. § 13-1203, domestic violence charges come into play when the assault occurs between individuals sharing a domestic relationship. A person would likely be charged with Standard Assault with a Domestic Violence Enhancement and any other offenses committed.

Conclusion

If you’re facing domestic violence charges in Arizona, retaining a lawyer who knows the Arizona Domestic Violence laws well is critical. At Millar Law, we have a team of former prosecutors who have years of experience handling domestic violence cases. Our experienced criminal defense attorneys can help you understand your charges, the penalties you might face, and the steps you can take to defend yourself in the Arizona Courts.

Facing a domestic violence charge is hard, but you don't have to go through it alone. Millar Law is here to help.

Call us today to speak with a Former Prosecutor for a free case review.