Arizona Domestic Violence Laws

In Arizona, an individual who commits domestic violence can face mandatory arrests, incarceration, orders of protection, and firearm restrictions. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding the law. Read on to learn how Arizona addresses domestic violence, what crimes qualify as domestic violence, and the penalties and consequences for these acts.

What Is Domestic Violence in Arizona?

Arizona defines domestic violence to include specific crimes committed by or against individuals in the following relationships:

• current or former spouses, household members, romantic partners, or sexual partners
• persons with a child in common (including expectant parents), and
• persons related by blood, adoption, or marriage as a parent, grandparent, child, grandchild, or sibling (including in-law and step-relations).

Offenses that may be classified as domestic violence include those in the following categories: homicide, assault, threats, kidnapping, unlawful restraint, sexual assault, trespass, property damage, order of protection violation, disorderly conduct, harassment, stalking, voyeurism, abuse, and dangerous crimes against children.

Civil Order of Protection (OP)

Individuals who fear or have experienced domestic violence can ask a judge for an order of protection to stop or prevent the violence. The order can direct the abuser to move out of any shared residence. It can also prohibit the abuser from possessing or purchasing any firearms during the duration of the order. This type of relief goes through civil court but a violation carries criminal penalties.

Criminal Charges for Domestic Violence

A prosecutor can file criminal charges against a defendant accused of domestic violence. These charges can be misdemeanors or felonies, depending on the underlying offense. Additional domestic violence charges may also be brought (described next).

(Ariz. Rev. Stat. §§ 13-2810, 13-3601, 13-3601.01, 13-3601.02, 13-3602 (2024).)

What Are the Penalties for Domestic Violence in Arizona?

A person who commits domestic violence will face the penalty for the underlying crime, such as assault, harassment, stalking, or violating a protection order. Additionally, Arizona law imposes penalties that are specific to domestic violence. Repeat domestic violence offenses may carry felony penalties.

Misdemeanor Domestic Violence

Arizona requires persons convicted of a first misdemeanor domestic violence offense to complete a domestic violence offender treatment program. Upon a second misdemeanor domestic violence conviction, the court may order the same type of treatment program or order supervised probation that includes jail time.

Felony Aggravated Domestic Violence

A third or subsequent conviction for a domestic violence offense (within 7 years) carries class 5 felony penalties, punishable by 9 months to 2 years of incarceration. A convicted defendant must spend a minimum of 4 or 8 months in jail, depending on how many prior convictions they have.

(State v. Gaynor-Fonte, 123 P.3d 1153 (Ariz. App. 2005).)

Domestic Violence Against a Pregnant Victim

A defendant who commits a domestic violence crime against a pregnant victim can face a longer sentence. If the defendant committed a felony and knew of the pregnancy, the maximum sentence increases by two years.

Violating an Order of Protection

A defendant who violates an order of protection commits a class 1 misdemeanor for disobeying a court order (called interfering with judicial proceedings). Class 1 misdemeanors carry penalties of up to 6 months in jail and a $2,500 fine.

(Ariz. Rev. Stat. §§ 13-2810, 13-3601, 13-3601.01, 13-3601.02, 13-3602 (2024).)

Arrest, Bail, and Firearm Restrictions in Arizona Domestic Violence Cases

On top of incarceration, Arizona law imposes the following conditions and restrictions in domestic violence (DV) cases.

Arrest in DV Cases

Arizona has mandatory arrest policies when police respond to a domestic violence incident that involves physical injuries or the use or threatened use of a deadly weapon. Police may also arrest a suspect believed to have violated an order of protection or committed domestic violence. The officer doesn't need to witness the domestic violence or violation to make the arrest.

Bail and Pretrial Release in DV Cases

Authorities releasing a domestic violence suspect must set release conditions for the protection of the victim, such as no-contact orders and restrictions on firearm possession. The law enforcement agency must also notify a victim (who requested notification) of the suspect's release.

Firearm Restrictions in DV Cases

A police officer responding to a domestic violence call may temporarily seize firearms found on the premises. Authorities must hold the firearm for at least 72 hours. Prosecutors can ask the court for a six-month hold on all firearms, which the owner can contest.

Both Arizona and federal law prohibit firearm possession by a person convicted of a felony. Arizona law also prohibits firearm possession by a defendant serving probation for a domestic violence offense or any felony offense. Federal law makes it a crime to possess a firearm upon being convicted of certain misdemeanor domestic violence offenses or while subject to a domestic violence protection order. A violation of any of these firearm restrictions carries the possibility of felony penalties under both federal and state law.

(Ariz. Rev. Stat. §§ 13-3101, 13-3102, 13-3601, 13-3602, 13-3967 (2024); 18 U.S.C. § 922 (2024).)

Talk to a Lawyer

If you face criminal charges for domestic violence or were served with a protective order, talk to a criminal defense attorney right away.

Victims of domestic violence may also seek the advice of an attorney or victim's advocate.