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What Am I Looking At For A Domestic Violence Case In Arizona?

Posted by Shawn Hamp | Nov 03, 2015 | 0 Comments

Domestic violence

Consequences Of A Domestic Violence Conviction In Arizona

Domestic Violence in Arizona is defined as any offense involving assault, disorderly conduct, or criminal damage that involves a victim who is married, related, or lives with the perpetrator. *

The laws are very strict in the sense that some offenses like disorderly conduct are very broad to include any “seriously disruptive behavior” or fighting and the definition could include anyone who lives with someone currently or in the past or any relative. You could, for example get into a verbal fight with an roommate and be charged with a domestic violence offense. You could have an argument at a family reunion with an estranged adult brother you have not had contact with in years and get convicted for domestic violence. 

Jail At Time Of Arrest

If you are contacted by the police and the police have probable cause that you committed an act of domestic violence involving injury or the use of a firearm, the police must arrest you for that offense. The police may arrest you for any other acts of domestic violence. A.R.S. 13-3601(B).

Loose Federal Gun Rights

Under the Federal Gun Control Act it becomes a Federal Crime to possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. If convicted of a domestic violence offense you will lose your civil rights to possess a handgun.  You could be ordered under the terms of pretrial release conditions or from an order of protection to not possess any firearms.

Mandatory D.V. Counseling

If convicted of a domestic violence offense you must be ordered to pay and complete a domestic violence offender treatment program. A.R.S. 13-3601.01

“D.V.” Tag And Prior Convictions

If convicted of a domestic violence offense it will be designated as a domestic violence offense with a “D.V. tag”.  If convicted of a third domestic violence offense or D.V. tag within seven (7) years you may be charged with Aggravated Domestic Violence as a Class 5 Felony and is not eligible for probation unless they serve a mandatory four months in jail. A.R.S. 13-3601.02.

*Arizona Revised Statutes 13-3601 A. “Domestic violence” means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

2. The victim and the defendant have a child in common.

3. The victim or the defendant is pregnant by the other party.

4. The victim is related to the defendant or the defendant's spouse by blood or court order 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. The victim is a child who 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. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

(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.

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

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