Domestic Violence

In Arizona, domestic violence is not a standalone criminal offense. Instead, it is a designation applied to an underlying criminal charge — such as assault, threatening, criminal damage, disorderly conduct, or harassment — when the alleged victim and the defendant have a qualifying relationship under A.R.S. § 13-3601.

Qualifying Relationships

• Current or former spouses
• Persons who currently or previously reside in the same household
• Persons who have a child in common
• A person who is pregnant by the other party
• Persons related by blood or court order as parents, grandparents, or children
• A victim who is a current or former romantic or sexual partner of the defendant

Consequences

A domestic violence designation adds significant consequences beyond those of the underlying offense. These may include mandatory completion of a domestic violence offender treatment program, issuance of an order of protection, loss of firearm rights under federal law, and negative effects on child custody proceedings. Arizona law also requires mandatory arrest when a law enforcement officer has probable cause to believe a domestic violence offense has occurred.

Defenses

Defenses include challenging the underlying criminal charge on its elements, establishing self-defense, disputing the qualifying relationship, demonstrating false accusation, and contesting the sufficiency of the evidence.