Arizona Domestic Violence Laws: ARS § 13-3601 Complete Guide
In Arizona, domestic violence is not a standalone crime. It is a designation that attaches to other criminal offenses when the alleged victim and defendant share a qualifying domestic relationship. This distinction is important: being charged with “domestic violence” means being charged with an underlying offense—such as assault, disorderly conduct, or criminal damage—with a domestic violence designation that triggers additional consequences.
Understanding how Arizona’s domestic violence laws work is essential for anyone facing these charges. The domestic violence designation affects sentencing, firearm rights, child custody, and creates a record that carries significant collateral consequences beyond the underlying offense.
How Domestic Violence Works Under Arizona Law
ARS § 13-3601: The Domestic Violence Statute
ARS § 13-3601 defines domestic violence not as a separate crime, but as a classification applied to enumerated offenses when committed against a person with whom the defendant has a domestic relationship.
The statute works in two parts:
- The underlying offense: A criminal act listed in ARS § 13-3601(A)
- The domestic relationship: A qualifying relationship between the defendant and the alleged victim as defined in ARS § 13-3601(A)
When both elements are present, the offense carries a “domestic violence” designation. This designation appears on the charging document, the conviction record, and triggers consequences that would not apply to the same offense without the DV designation.
Why the Designation Matters
A domestic violence designation transforms an otherwise standard criminal charge in several ways:
- Mandatory arrest: Officers responding to DV calls must make an arrest if they have probable cause to believe DV occurred
- No-contact orders: Courts routinely impose no-contact conditions upon arrest
- Enhanced penalties for repeat offenses: Third DV offense within 84 months becomes a felony
- Federal firearm prohibition: Even misdemeanor DV convictions trigger federal gun restrictions
- Immigration consequences: DV convictions are deportable offenses for non-citizens
- Child custody impact: DV findings create a rebuttable presumption against custody
Qualifying Domestic Relationships
Under ARS § 13-3601(A), the domestic violence designation applies when the defendant and victim are or were:
Current or Former Spouses
Married couples and divorced couples maintain domestic relationship status indefinitely for purposes of the DV statute.
Current or Former Cohabitants
Persons who live together or previously lived together in a romantic or familial relationship. Roommates without a romantic relationship may or may not qualify depending on circumstances.
Persons with a Child in Common
Parents who share a child have a domestic relationship regardless of whether they ever lived together or had a romantic relationship.
Pregnant Woman and Father of the Child
The father of an unborn child has a domestic relationship with the pregnant mother.
Blood Relatives
Related by blood to the first degree:
- Parent and child
- Grandparent and grandchild
- Siblings (full or half)
Current or Former In-Laws
Related to a current or former spouse by blood:
- Parents-in-law
- Siblings-in-law
- Step-relationships through marriage
Romantic or Sexual Partners
Persons currently or previously in a romantic or sexual relationship. This includes dating relationships even without cohabitation.
Child of Current or Former Romantic Partner
The child of a person with whom the defendant has or had a romantic relationship—even if the defendant is not the child’s parent.
Offenses That Can Carry a DV Designation
ARS § 13-3601(A) lists specific offenses that constitute domestic violence when committed against a person in a domestic relationship. These include:
Violent Offenses
| Offense | Statute | Classification |
| Negligent homicide | ARS § 13-1102 | Class 4 Felony |
| Manslaughter | ARS § 13-1103 | Class 2 Felony |
| Second degree murder | ARS § 13-1104 | Class 1 Felony |
| First degree murder | ARS § 13-1105 | Class 1 Felony |
| Aggravated assault | ARS § 13-1204 | Class 2-6 Felony |
| Assault | ARS § 13-1203 | Class 1-3 Misdemeanor |
| Endangerment | ARS § 13-1201 | Misdemeanor or Class 6 Felony |
| Kidnapping | ARS § 13-1304 | Class 2-4 Felony |
| Unlawful imprisonment | ARS § 13-1303 | Class 6 Felony / Class 1 Misdemeanor |
Threatening Offenses
| Offense | Statute | Classification |
| Threatening or intimidating | ARS § 13-1202 | Class 1 Misdemeanor or Class 6 Felony |
| Stalking | ARS § 13-2923 | Class 5 Felony |
| Harassment | ARS § 13-2921 | Class 1 Misdemeanor |
| Aggravated harassment | ARS § 13-2921.01 | Class 6 Felony |
Property and Interference Offenses
| Offense | Statute | Classification |
| Criminal damage | ARS § 13-1602 | Class 2 Misdemeanor to Class 4 Felony |
| Criminal trespass (1st degree) | ARS § 13-1504 | Class 6 Felony / Class 1 Misdemeanor |
| Criminal trespass (2nd degree) | ARS § 13-1503 | Class 2 Misdemeanor |
| Interfering with judicial proceedings | ARS § 13-2810 | Class 1 Misdemeanor to Class 5 Felony |
| Disorderly conduct | ARS § 13-2904 | Class 1 Misdemeanor / Class 6 Felony |
Child-Related Offenses
| Offense | Statute | Classification |
| Child abuse | ARS § 13-3623 | Class 2-6 Felony / Misdemeanor |
| Custodial interference | ARS § 13-1302 | Class 3-6 Felony |
Weapons Offenses
| Offense | Statute | Classification |
| Discharging firearm at structure | ARS § 13-1211 | Class 6 Felony |
| Use of telephone to terrify, intimidate, threaten, harass, annoy or offend | ARS § 13-2916 | Class 1 Misdemeanor |
Other Listed Offenses
| Offense | Statute | Classification |
| Surreptitious photographing, videotaping, filming or digitally recording | ARS § 13-3019 | Class 5-6 Felony |
| Unlawful distribution of images | ARS § 13-1425 | Class 5 Felony |
| Preventing use of telephone in emergency | ARS § 13-2915 | Class 1 Misdemeanor |
Penalties for Domestic Violence Offenses
The penalties for a domestic violence offense depend on the underlying crime’s classification. The DV designation does not automatically increase the classification, but it does trigger additional consequences and sentencing provisions.
Misdemeanor DV Penalties
| Classification | Maximum Jail | Maximum Fine | Probation |
| Class 1 Misdemeanor | 6 months | $2,500 | Up to 3 years |
| Class 2 Misdemeanor | 4 months | $750 | Up to 2 years |
| Class 3 Misdemeanor | 30 days | $500 | Up to 1 year |
Felony DV Penalties
| Classification | Prison Range (First Offense) | Prison Range (Prior Felonies) |
| Class 6 Felony | 4 months to 2 years | 2.25 to 5.75 years |
| Class 5 Felony | 6 months to 2.5 years | 3 to 7.5 years |
| Class 4 Felony | 1.5 to 3.75 years | 4.5 to 15 years |
| Class 3 Felony | 2.5 to 8.75 years | 7.5 to 25 years |
| Class 2 Felony | 4 to 12.5 years | 10.5 to 35 years |
Mandatory Sentencing Provisions for DV
Arizona law imposes specific requirements for DV sentences:
- Domestic violence offender treatment: Courts must order DV offender treatment programs for all DV convictions
- No diversion for repeat offenders: Second or subsequent DV offenses are not eligible for diversion
- Victim restitution: Courts must order restitution to victims for out-of-pocket expenses
Aggravated Domestic Violence (ARS § 13-3601.02)
Under ARS § 13-3601.02, a person commits Aggravated Domestic Violence if they commit a domestic violence offense and have been convicted of two or more prior domestic violence offenses within the preceding 84 months (7 years).
Automatic Felony Enhancement
Aggravated Domestic Violence is a Class 5 Felony regardless of whether the underlying offense would otherwise be a misdemeanor. This means:
- A third DV assault (normally Class 1 Misdemeanor) becomes a Class 5 Felony
- A third DV disorderly conduct (normally Class 1 Misdemeanor) becomes a Class 5 Felony
- A third DV criminal damage (normally Class 2 Misdemeanor) becomes a Class 5 Felony
Counting Prior Offenses
For purposes of the 84-month lookback:
- Convictions from any Arizona court count
- Convictions from other states count if the offense would constitute DV under Arizona law
- The dates are measured from the date of conviction, not the date of the offense
- Juvenile adjudications may count in some circumstances
Aggravated DV Penalties
As a Class 5 Felony, Aggravated Domestic Violence carries:
| Offender Status | Prison Range |
| First felony offense | 6 months to 2.5 years |
| One prior felony | 1 to 3.75 years |
| Two or more prior felonies | 3 to 7.5 years |
Orders of Protection in DV Cases
Domestic violence cases frequently involve protective orders that restrict the defendant’s conduct. Understanding the different types of orders and their legal effect is essential.
Emergency Orders of Protection (ARS § 13-3624)
Emergency Orders of Protection (EROPs) can be issued by law enforcement at the scene of a domestic violence incident:
- Issued by an on-call judicial officer upon request from law enforcement
- Can be issued over the phone when courts are closed
- Effective immediately upon service
- Expire at the close of the next business day
- Can be converted to a standard Order of Protection if the petitioner files before expiration
Orders of Protection (ARS § 13-3602)
A standard Order of Protection can be obtained by filing a petition in court:
- May be issued ex parte (without the defendant present) based on the petitioner’s allegations
- Effective for one year
- May prohibit contact, exclude from residence, grant temporary custody
- Violation is a criminal offense under ARS § 13-2810
Release Conditions in Criminal Cases
Separate from protective orders, the criminal court imposes release conditions upon arrest for DV offenses:
- No contact with the alleged victim
- Stay-away from the victim’s residence and workplace
- No possession of firearms
- GPS monitoring in some cases
- Compliance is mandatory regardless of what the victim wants
Interaction Between Orders and Release Conditions
A defendant may be subject to both a protective order AND criminal court release conditions. These are separate legal requirements:
- Violating release conditions is a separate offense and can result in bail revocation
- Violating a protective order is a separate criminal charge
- Even if the victim initiates contact, the defendant can be arrested for violating the order or conditions
Collateral Consequences of DV Convictions
The consequences of a domestic violence conviction extend far beyond the criminal sentence.
Federal Firearm Prohibition
Under 18 U.S.C. § 922(g)(9), a conviction for a “misdemeanor crime of domestic violence” permanently prohibits:
- Possessing firearms or ammunition
- Purchasing firearms
- Shipping or transporting firearms
This is a federal lifetime ban that applies even to misdemeanor DV convictions. The only ways to restore firearm rights are:
- Having the conviction expunged (not available in Arizona for most offenses)
- Receiving a presidential pardon
- Having the conviction set aside AND having civil rights explicitly restored
Arizona’s state-level rights restoration process does NOT automatically restore federal firearm rights under § 922(g)(9).
Child Custody and Family Court
Under ARS § 25-403.03, if a court finds that a parent has committed domestic violence, there is a rebuttable presumption that awarding custody to that parent is not in the child’s best interest.
To overcome this presumption, the parent must demonstrate:
- Completion of DV offender treatment
- Compliance with all court orders
- No further acts of domestic violence
- That custody or parenting time would be in the child’s best interest
A DV conviction creates significant challenges in custody proceedings.
Employment Consequences
DV convictions can affect employment in multiple ways:
- Background check disqualification for many employers
- Automatic disqualification for certain professions (law enforcement, military, healthcare positions involving vulnerable populations)
- Professional license revocation or denial (nursing, teaching, law, real estate)
- Loss of security clearances
Immigration Consequences
For non-citizens, domestic violence convictions carry severe immigration consequences:
- DV offenses are considered crimes involving moral turpitude
- Conviction can result in deportation regardless of legal status
- Conviction can bar future immigration benefits (naturalization, green card, visa renewal)
- Even a dismissed case may have immigration implications
Non-citizens facing DV charges should consult with both a criminal defense attorney and an immigration attorney.
Housing Consequences
- Public housing applications may be denied based on DV convictions
- Private landlords frequently screen for criminal history
- HUD policies allow (but don’t require) denial of housing for DV offenders
The Arizona DV Court Process
Arrest and Initial Appearance
When police respond to a domestic violence call and have probable cause to believe DV occurred, arrest is mandatory under ARS § 13-3601(B). Officers do not have discretion to simply separate the parties.
After arrest:
- Booking: Processing at jail, including fingerprints and photographs
- Initial appearance: Typically within 24 hours; judge sets release conditions
- Release conditions: No-contact orders, stay-away provisions, possible GPS monitoring
- Bail: Bail may be set or release may be on own recognizance with conditions
Prosecution and Victim Involvement
Arizona prosecutes domestic violence cases as crimes against the state, not private disputes between parties. This means:
- The prosecutor decides whether to file charges, not the victim
- Victims cannot “drop charges”
- The case can proceed even if the victim refuses to cooperate
- Victims may be subpoenaed to testify and held in contempt for refusing
Victim advocates from the prosecutor’s office will typically contact the victim to explain the process and provide resources.
Pretrial Proceedings
Before trial, several proceedings may occur:
- Pretrial conferences: Meetings between prosecution and defense to discuss resolution
- Motions: Defense may file motions to suppress evidence, dismiss charges, or challenge procedures
- Plea negotiations: Discussions regarding potential plea agreements
Trial or Resolution
DV cases resolve through:
- Dismissal: Prosecutor drops charges (rare without cooperation issues)
- Plea agreement: Defendant pleads guilty to original or reduced charges
- Trial: Bench trial (judge) or jury trial
Sentencing
Upon conviction, the court orders:
- Jail or prison time (depending on classification)
- Probation
- DV offender treatment program (mandatory)
- Fines and fees
- Victim restitution
- Continued no-contact order (if victim requests)
Defense Strategies for DV Charges
Self-Defense (ARS § 13-404)
Arizona law recognizes the right to self-defense. Under ARS § 13-404, a person is justified in using physical force when and to the extent a reasonable person would believe it necessary to protect against another’s imminent use of unlawful physical force.
Key considerations:
- The force used must be proportional to the threat
- The threat must have been imminent
- The defendant must not have been the initial aggressor
Self-defense is a complete defense—if successful, the defendant is acquitted entirely.
Defense of Others (ARS § 13-406)
A person may use physical force to protect a third party (such as a child) under the same circumstances that would justify self-defense.
Lack of Intent
Many DV offenses require proof of a specific mental state. Defense strategies may focus on:
- Accidental contact (no intent to injure)
- Lack of awareness that conduct would cause fear
- Miscommunication or misunderstanding
False Allegations
Domestic violence allegations sometimes arise from:
- Custody disputes where one party seeks advantage
- Relationship conflicts where accusations are used as leverage
- Misunderstandings or exaggerations
- Retaliation for other grievances
Defense investigation may reveal:
- Inconsistent statements by the accuser
- Prior false allegations
- Motive to fabricate
- Evidence contradicting the allegation (texts, recordings, witness statements)
Insufficient Evidence
The prosecution must prove every element beyond a reasonable doubt. Defense may focus on:
- Lack of physical evidence
- No independent witnesses
- Inconsistent or changing accounts
- Failure to prove the domestic relationship
- Failure to prove the underlying offense elements
Constitutional Violations
Evidence may be suppressed if obtained through:
- Unlawful entry into the home
- Coerced statements without Miranda warnings
- Denial of right to counsel
- Other constitutional violations
Frequently Asked Questions
Can the victim drop domestic violence charges in Arizona?
No. In Arizona, criminal charges are brought by the state, not the victim. The prosecutor decides whether to file and pursue charges. While a victim’s lack of cooperation may affect the case, the prosecutor can proceed using other evidence, including 911 calls, officer observations, photographs, and medical records.
What happens if the victim doesn’t want to testify?
The victim may be subpoenaed to testify and can be held in contempt for refusing. However, prosecutors often consider victim cooperation when deciding how to proceed. Some victims invoke the Fifth Amendment if their testimony might incriminate themselves.
Is domestic violence always a felony?
No. Most first and second domestic violence offenses are misdemeanors, depending on the underlying crime. However, a third DV offense within 84 months becomes Aggravated Domestic Violence—a Class 5 Felony—regardless of the underlying offense.
Can I contact my spouse/partner during a DV case?
Only if specifically permitted by the court. Release conditions and protective orders typically prohibit all contact, even if the victim initiates it. Violating no-contact provisions can result in arrest, bail revocation, and additional charges.
Will a domestic violence conviction affect my gun rights?
Yes. Federal law (18 U.S.C. § 922(g)(9)) permanently prohibits firearm possession for anyone convicted of a “misdemeanor crime of domestic violence.” This applies to all domestic violence convictions, including misdemeanors. Arizona state rights restoration does not override the federal prohibition.
How long does a DV conviction stay on my record?
A DV conviction remains on your criminal record permanently unless you qualify for record sealing under ARS § 13-911. For purposes of Aggravated Domestic Violence (determining whether a subsequent offense is a third strike), the lookback period is 84 months (7 years).
Can domestic violence charges be expunged?
Arizona does not have true expungement for most offenses. You may petition to have a conviction “set aside” under ARS § 13-905, which shows the conviction was set aside but does not erase it. Certain offenses may qualify for record sealing under ARS § 13-911. Neither process erases the federal firearm prohibition.
What is the difference between a protective order and release conditions?
A protective order (Order of Protection) is a civil order obtained by the victim through family court. Release conditions are criminal court orders imposed on the defendant as a condition of pretrial release. Both can prohibit contact, but they are separate legal requirements with separate consequences for violation.
Arizona Domestic Violence Defense Representation
Domestic violence charges carry consequences that extend well beyond the criminal case—affecting custody, employment, housing, firearm rights, and immigration status. Understanding Arizona’s DV laws and the available defenses is essential to protecting your rights and your future.
For a consultation regarding domestic violence charges anywhere in Arizona, contact Attorney Josh.
Call (480) 386-1824 or complete the contact form to discuss your case.