Arizona domestic violence laws prohibit the commission of certain violent acts and property crimes between current and former spouses, persons who date or have a sexual relationship, and other domestic relationships.
If you are being abused by your partner, you can contact the National Domestic Abuse Hotline at 1-800-799-7233.
When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are. Consider whether there's anything you can and should do to prevent someone else from learning that you're doing research or seeking help.
Arizona defines domestic violence as one of the following offenses committed by an aggressor whose relationship to the victim is protected by the domestic violence laws:
Domestic violence occurs when one of the above crimes is committed among persons who share one of the following relationships:
In addition to the above list of crimes that can form the basis of a domestic violence offense, a person who commits multiple domestic violence offenses over a period of time may be charged with the felony of aggravated domestic violence, even where the prior domestic violence offenses are misdemeanors.
A defendant charged with a domestic violence crime based on an act of physical violence may assert self-defense, arguing that the victim was the initial physical aggressor. A defendant may also argue that the prosecutor failed to prove that the underlying violent act or property crime occurred. Or, the defendant may contest the prosecution's allegations that the defendant and victim shared one of the domestic relationships protected by law.
An offense involving domestic violence is punished the same as the underlying offense on which the domestic violence charge is based. However, some situations result in added penalties.
If the underlying offense in a domestic violence crime is a felony and the defendant knew the victim was pregnant, or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, the maximum prison sentence otherwise authorized for the underlying offense is increased by two years. For example, a person without prior convictions who commits unlawful imprisonment against a stranger is guilty of a Class 6 felony and faces a maximum of three years in prison, but a person without prior convictions who commits unlawful imprisonment against his pregnant wife faces up to five years in prison.
Aggravated domestic violence, explained just above, is a Class 5 felony, punishable by up to 36 months in prison for a first offense. Defendants convicted of aggravated domestic violence who have two prior convictions for a domestic violence offense must serve a minimum of four months in jail. Defendants convicted of aggravated domestic violence who have three or more prior convictions for domestic violence offenses must serve a minimum of eight months in jail.
In addition to fines and jail or probation, persons convicted of misdemeanor domestic violence must complete a domestic violence offender treatment program.
A person may seek a protective order that restrains another person from committing a domestic violence offense against the person seeking protection. The court may issue a protective order if it determines that there is good cause to believe that the defendant may commit an act of domestic violence, or if the defendant committed an act of domestic violence within the preceding year. The court may consider acts of domestic violence older than a year under certain circumstances.
If you are facing domestic violence charges in Arizona, you should consult with a criminal defense lawyer who has experience handling domestic violence cases. An experienced attorney can evaluate the strength of the prosecution's evidence against you, explore any possible defenses you might have, and explain your rights and options available to you. A lawyer may seek to have certain evidence thrown out, or even seek dismissal of your case. A lawyer may also negotiate a plea to reduced charges. A lawyer will protect your interests every step of the way, as well as represent you in court if your case goes to trial.