A disagreement with a spouse, former partner, family member, or someone you live with can turn into a criminal case faster than many people realize. If police are called and you are accused of threatening, injuring, harassing, or even damaging the property of someone with whom you have certain relationships, you could face a domestic violence charge in Arizona.
But what actually makes an offense “domestic violence”? Is domestic violence always a felony? And what happens after an arrest?
The answers depend on both the alleged offense and the relationship between the people involved. With over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner. We help Arizona clients understand the charges against them, the potential consequences they face, and the legal options available for responding to domestic violence allegations.
Table of Contents
What Is Considered Domestic Violence in Arizona?
One of the most important things to understand is that domestic violence is not simply one specific crime under Arizona law. Under Arizona Revised Statutes § 13-3601, certain criminal offenses are designated as domestic violence when the alleged victim and defendant have a qualifying relationship. That means the underlying charge could involve conduct such as:
Assault or Aggravated Assault
Assault can include intentionally or knowingly causing physical injury, placing another person in reasonable apprehension of imminent physical injury, or knowingly touching someone with the intent to injure, insult, or provoke them. More serious circumstances, such as certain injuries or the use of a deadly weapon or dangerous instrument, may result in an aggravated assault charge.
Threatening or Intimidating
Threatening or intimidating generally involves threatening physical injury to another person or serious damage to their property. When the people involved have a qualifying domestic relationship, the offense may carry a domestic violence designation.
Disorderly Conduct
Domestic violence does not always involve physical injury. Certain disorderly conduct allegations, such as engaging in fighting, seriously disruptive behavior, or threatening behavior toward a spouse, partner, family member, or other qualifying person, may result in a domestic violence charge.
Criminal Damage
Damaging another person’s property can become part of a domestic violence case when the required relationship exists. This could include allegations involving damage to a partner’s vehicle, phone, belongings, or other property during a dispute.
Harassment or Aggravated Harassment
Repeated unwanted contact or certain communications intended to harass another person may lead to harassment charges. Arizona also has an aggravated harassment offense that can apply under specified circumstances involving an existing order of protection or certain prior domestic violence convictions.
Stalking
Repeated conduct directed toward another person that meets Arizona’s statutory requirements for stalking can result in serious criminal charges. When the alleged conduct involves someone covered by Arizona’s domestic violence law, the domestic violence designation may also apply.
Trespassing
Entering or remaining unlawfully on another person’s property can potentially result in a domestic violence designation when the alleged victim and defendant have a qualifying relationship. A prior relationship does not necessarily give someone the legal right to enter or remain at another person’s residence.
Unlawful Imprisonment or Kidnapping
Preventing someone from leaving or otherwise restraining their movements can potentially lead to unlawful imprisonment or kidnapping charges, depending on the circumstances. These allegations can become domestic violence offenses when the required relationship exists.
Certain Electronic or Surveillance Offenses
Domestic violence allegations can also arise from conduct involving technology. Depending on the circumstances, certain allegations involving electronic communications, tracking, recording, or surveillance may fall within offenses covered by Arizona’s domestic violence statute.
The circumstances determine which underlying offense may be charged and whether the domestic violence designation applies.
For example, damaging someone’s property could potentially result in a criminal damage charge. If the property belongs to a spouse, former spouse, romantic partner, family member, or another person covered by Arizona’s domestic violence statute, the charge may also be designated as involving domestic violence.
Who Qualifies as a Domestic Relationship?
Domestic violence charges are not limited to married couples. Under A.R.S. § 13-3601, the domestic violence designation can apply when the defendant and alleged victim:
- Are currently or were formerly married
- Live or previously lived in the same household
- Have a child together
- Are expecting a child together
- Are related by certain blood, marriage, or court-ordered relationships
- Are currently or were previously in a romantic or sexual relationship
For current or former romantic or sexual relationships, the court may consider factors including the type and length of the relationship, how frequently the individuals interacted, and how much time has passed since the relationship ended.
This broad definition is one reason people can find themselves facing a domestic violence charge even when they were never married to, or currently living with, the person involved.
Is Domestic Violence a Misdemeanor or Felony in Arizona?
It can be either. The domestic violence designation generally does not determine whether the underlying offense is a misdemeanor or felony. Instead, the classification depends on the offense itself and the circumstances surrounding it.
For example, A.R.S. § 13-1203 establishes several forms of assault that can be charged as misdemeanors. Aggravated assault under A.R.S. § 13-1204, however, can be charged as a felony. Other offenses carrying a domestic violence designation may have their own classifications and penalties.
This is why simply being told that you have been charged with “domestic violence” does not tell you everything you need to know. You need to understand the underlying criminal charge, its classification, and the domestic violence designation attached to it.
Can You Be Arrested Even If the Alleged Victim Does Not Want Charges?
Yes. A common misunderstanding is that the alleged victim decides whether criminal charges will proceed. Once law enforcement becomes involved, that decision is generally not controlled by the alleged victim.
Arizona law allows an officer to make an arrest, with or without a warrant, when there is probable cause to believe domestic violence occurred and that a particular person committed the offense.
In certain cases involving physical injury or the discharge, use, or threatened exhibition of a deadly weapon or dangerous instrument, Arizona law generally requires an arrest when the statutory requirements are met. A limited exception may apply when the officer has reasonable grounds to believe the alleged victim will be protected from further injury.
An alleged victim asking police not to make an arrest does not necessarily prevent one from occurring.
Likewise, after charges are filed, an alleged victim generally cannot simply “drop the charges.” Prosecutors determine whether the criminal case continues.
What Happens After a Domestic Violence Arrest?
What happens next depends on the circumstances and the underlying charge. A person arrested for an alleged domestic violence offense may be taken into custody and later released according to Arizona criminal procedure and applicable law. When release is ordered, the court must include conditions considered necessary to protect the alleged victim and other specifically designated people.
Those conditions can significantly affect someone’s day-to-day life while the case is pending.
Depending on the case, a defendant may be prohibited from contacting the alleged victim or returning to a residence. Other conditions may also be imposed.
It is important to understand and follow every release condition, even if the alleged victim wants contact to resume. Violating a court order can create additional legal problems while the original criminal case is still pending.
What About an Order of Protection?
A criminal domestic violence case and an order of protection are related issues, but they are not the same proceeding. Under A.R.S. § 13-3602, a person may petition an Arizona court for an order of protection intended to restrain another person from committing acts of domestic violence.
An order may restrict contact, prohibit someone from going to certain locations, or impose other restrictions authorized by law. If you are served with an order of protection, read it carefully and comply with its terms. Do not assume that the protected person can give you permission to ignore the order. An order remains a court order unless it is modified or terminated through the appropriate legal process.
What Are the Consequences of a Domestic Violence Conviction?
The consequences depend heavily on the underlying offense, whether it is a misdemeanor or felony, the person’s criminal history, and the specific facts of the case. A conviction can potentially involve:
- Jail or prison time
- Probation
- Fines and other court costs
- Domestic violence offender treatment
- Restrictions arising from an order of protection
- Consequences affecting firearm possession
- Effects on family-law matters in some circumstances
A person convicted of a misdemeanor domestic violence offense must generally complete a court-approved domestic violence offender treatment program.
Domestic violence findings can also matter outside the criminal case. For example, Arizona family law requires courts to consider domestic violence when making certain legal decision-making and parenting determinations.
Because the consequences can extend beyond the sentence imposed in the criminal case, it is important to understand the full effect of a conviction before making decisions about how to proceed.
What Is Aggravated Domestic Violence?
Prior domestic violence convictions can significantly change the situation. Under A.R.S. § 13-3601.02, a person may face aggravated domestic violence when the statutory requirements involving repeated domestic violence offenses within an 84-month period are met.
Aggravated domestic violence is a Class 5 felony. Arizona law also establishes minimum periods of incarceration in certain aggravated domestic violence cases based on the number of qualifying prior convictions.
This makes criminal history especially important when evaluating a new domestic violence charge. What might otherwise be prosecuted as a misdemeanor offense can present substantially different consequences when qualifying prior domestic violence convictions are involved.
What If the Allegation Is False or the Situation Was More Complicated?
Domestic disputes can happen quickly, and the version of events reported when police arrive may not tell the entire story. There may be conflicting accounts of what happened. Witnesses may have seen only part of an interaction. Text messages, photographs, recordings, surveillance footage, medical records, or other evidence may provide additional context.
Arizona law also specifically provides that a justified act of self-defense is not considered an act of domestic violence. If you believe you were falsely accused, acted in self-defense, or that important facts were misunderstood, avoid trying to resolve the criminal case yourself by repeatedly contacting the alleged victim or attempting to persuade someone to change a statement.
Instead, preserve potentially relevant evidence and speak with an attorney about the circumstances surrounding the allegation.
Take a Domestic Violence Charge Seriously
A domestic violence charge can affect much more than what happens in a courtroom. Depending on the allegations, you may be dealing with restrictions on where you can go, who you can contact, firearm issues, family-law consequences, treatment requirements, and the possibility of jail, probation, or other criminal penalties.
Just as importantly, every domestic violence case is different. The relationship between the parties, the alleged conduct, available evidence, prior criminal history, release conditions, and the underlying offense can all affect how a case proceeds.
That’s where Jeff GOULD Law can help. If you have been arrested or charged with a domestic violence offense in Arizona, understanding exactly what you are accused of and the options available for responding to those allegations is an important first step.
We serve clients in Tucson, Oro Valley, Marana, and other communities across Southern Arizona and help people facing criminal charges understand their rights and navigate the legal process ahead.
A domestic violence allegation can have serious consequences, but an accusation is not the same thing as a conviction.
Facing Domestic Violence Charges? Don’t Delay.
Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your individual situation. Further, this information does not create an attorney-client relationship.