Flagstaff Lawyer Speaks On Arizona Domestic Violence Laws

Flagstaff, AZ In Arizona, “Family Offenses” are criminalized under Title 13, Chapter 36 of the Arizona Revised Statutes. A typical scenario is a boyfriend/girlfriend or husband/wife drinking alcohol, getting into an argument, and resorting to some level of violence, anger, outburst, or other crime. The result is that the crime will be tagged as a Domestic Violence Offense, or “DV”.

What most people don’t know is that “domestic violence” is not in-and-of-itself a criminal offense in Arizona. Domestic violence, or DV, is a designation that is tagged onto specific crimes, if certain criteria are met. So, let’s first discuss the criteria. What makes a relationship worthy of the extra protections of the domestic violence statutes?

Here are the relationships between “victim” and “defendant” defined by Arizona DV laws:

  1. Marriage or former marriage or people who lived together or used to live together;
  2. Have a child in common;
  3. The victim or the defendant is pregnant by the other person;
  4. The victim is related to the defendant either by blood or by marriage (including in-laws), such 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. When the victim is a child, and 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. A “romantic or sexual relationship”, current or previous, defined by the following factors: (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.

See A.R.S. section 13-3601(A).

Once the DV relationship exists, what crimes can be domestic violence?

Here’s the list:

  • Any Dangerous Crime Against Children
  • Endangerment
  • Threatening or Intimidating
  • Simple Assault
  • Aggravated Assault
  • Custodial Interference
  • Unlawful Imprisonment
  • Kidnapping
  • Criminal Trespass (1st, 2nd, and 3rd degree)
  • Criminal Damage
  • Interfering with Judicial Proceedings
  • Disorderly Conduct
  • Use of a Telephone to Terrify, Intimidate, or Harass
  • Harassment
  • Aggravated Harassment
  • Stalking
  • Surreptitious Recording or Photographing
  • Aggravated Domestic Violence
  • Child or Vulnerable Adult Abuse

All of the above-stated crimes can be tagged as DV.

And what happens if you get a DV conviction? There are special sentencing provisions that make things worse for DV defendants, including no-contact orders, DV counseling and classes, DV impact panel, higher costs, and more. If you get a 3rd or subsequent DV conviction in a period of 7 years, it is automatically a class 5 felony.

Domestic violence in Flagstaff is a significant problem, and oftentimes comes after an alcohol-fueled day or evening. Don’t commit domestic violence. If you have anger problems, drinking problems, or have committed DV and want to never do it again, get help right now.

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