Phoenix Domestic Violence Defense Lawyer

Domestic violence charges in Arizona carry consequences that extend far beyond the courtroom. Under ARS § 13-3601, a domestic violence designation can be attached to nearly any criminal offense when the alleged victim and defendant share a domestic relationship—transforming what might otherwise be a minor charge into a life-altering event.

An arrest for domestic violence triggers immediate collateral consequences: emergency protective orders that can remove you from your home, firearm prohibitions, and potential impacts on child custody—all before you have been convicted of anything. Understanding how Arizona law treats these cases is essential to protecting your rights and your future.

Attorney Josh Lopez represents individuals accused of domestic violence offenses throughout Phoenix and Maricopa County. With experience handling cases ranging from misdemeanor disorderly conduct to felony aggravated assault with a domestic violence designation, Attorney Josh provides the legal guidance necessary to navigate these serious charges.

How Arizona Defines Domestic Violence

Unlike most criminal charges, domestic violence is not a standalone offense in Arizona. Instead, it is a classification that attaches to underlying criminal conduct when two conditions are met:

1. A qualifying offense occurred — The alleged conduct falls under one of the offenses listed in ARS § 13-3601(A)
2. A domestic relationship exists — The defendant and alleged victim share one of the relationships defined by statute

This designation significantly increases the legal and practical consequences of an arrest, even for offenses that would otherwise be relatively minor.

Qualifying Offenses Under ARS § 13-3601(A)

The following offenses can carry a domestic violence designation when committed against someone in a domestic relationship:

Category	Offenses
Violent Offenses	Homicide, Assault, Aggravated Assault, Sexual Assault, Kidnapping, Unlawful Imprisonment
Threatening Conduct	Threatening or Intimidating, Harassment, Stalking, Aggravated Harassment
Property Offenses	Criminal Damage, Criminal Trespass, Burglary
Interference Offenses	Disorderly Conduct, Preventing Use of Telephone in Emergency, Interfering with Judicial Proceedings
Child-Related Offenses	Custodial Interference, Child Abuse, Unlawful Distribution of Images
Weapons Offenses	Use of Telephone to Terrify, Surreptitious Photographing, Dangerous Crimes Against Children

This means a shouting match that results in a disorderly conduct charge becomes a domestic violence offense if the parties are related, dating, or living together—carrying mandatory counseling, firearm restrictions, and a domestic violence notation on your criminal record.

Domestic Relationships Under Arizona Law

ARS § 13-3601(A) defines domestic relationships to include:

• Married persons — Current or former spouses
• Romantic partners — Current or former dating relationships, regardless of whether the parties lived together
• Cohabitants — Persons who currently reside together or previously resided together
• Family members — Parents, children, grandparents, grandchildren, siblings (whole or half-blood)
• In-laws — Parents-in-law, grandparents-in-law, stepparents, stepgrandparents, stepchildren, stepgrandchildren
• Co-parents — Persons who have a child in common, regardless of whether they were ever married or lived together
• Pregnant women — If the defendant is the father of the unborn child

The breadth of this definition means that disputes between roommates, former dating partners who never lived together, or extended family members can all result in domestic violence charges.

Domestic Violence Penalties in Arizona

Penalties for domestic violence offenses depend on the underlying charge, the defendant’s prior history, and aggravating factors. Arizona imposes enhanced consequences specifically because of the domestic violence designation.

Misdemeanor Domestic Violence Penalties

Most first-time domestic violence cases involving offenses like assault, disorderly conduct, or criminal damage are charged as misdemeanors.

Offense Class	Maximum Jail	Maximum Fine	Probation
Class 1 Misdemeanor	6 months	$2,500 + surcharges	Up to 3 years
Class 2 Misdemeanor	4 months	$750 + surcharges	Up to 2 years
Class 3 Misdemeanor	30 days	$500 + surcharges	Up to 1 year

Mandatory conditions for all domestic violence convictions include:

• Completion of a domestic violence offender treatment program (typically 26-52 weeks)
• No contact with the victim during probation (unless modified by court order)
• Prohibition on firearm possession under federal law (18 U.S.C. § 922(g)(9))
• Payment of victim restitution if applicable

Felony Domestic Violence Penalties

Certain offenses—or repeat domestic violence convictions—result in felony charges with significantly harsher consequences.

Offense Class	Prison Range (First Offense)	Prison Range (With Priors)
Class 2 Felony	3 – 12.5 years	4.5 – 23.25 years
Class 3 Felony	2 – 8.75 years	3.5 – 16.25 years
Class 4 Felony	1 – 3.75 years	2.25 – 7.5 years
Class 5 Felony	0.5 – 2.5 years	1 – 3.75 years
Class 6 Felony	0.33 – 2 years	0.75 – 2.75 years

Aggravated Domestic Violence (ARS § 13-3601.02)

A third domestic violence offense within an 84-month (7-year) period is automatically charged as Aggravated Domestic Violence, a Class 5 felony. This applies even if the underlying offense would otherwise be a misdemeanor.

Aggravated domestic violence carries:

• Mandatory prison time (no probation-only sentences)
• Minimum 4 months in prison for first felony conviction
• Enhanced sentences for subsequent convictions
• Permanent felony record

Emergency Protective Orders and Orders of Protection

One of the most immediate consequences of a domestic violence arrest is the issuance of protective orders that restrict your contact with the alleged victim—and potentially your access to your own home and children.

Emergency Orders of Protection (EROP)

Arizona law allows police officers to request an Emergency Order of Protection at the time of arrest, without the alleged victim filing a petition. Under ARS § 13-3624, a judge or magistrate can issue an EROP based solely on the officer’s statement.

An EROP:

• Is effective immediately upon service
• Lasts until the close of the next business day the court is open
• Can prohibit contact with the alleged victim
• Can order the defendant to leave the shared residence
• Can grant temporary custody of children to the alleged victim

You may have no opportunity to contest an EROP before it takes effect.

Orders of Protection (OOP)

The alleged victim (plaintiff) can file a petition for an Order of Protection under ARS § 13-3602, which a judge may grant without a hearing if the petition alleges an act of domestic violence. A full OOP:

• Lasts for one year (and can be renewed)
• Can prohibit all contact, including through third parties
• Can exclude the defendant from the shared residence
• Can grant temporary custody and parenting time restrictions
• Can order the defendant to surrender firearms

You have the right to request a hearing to contest an Order of Protection within the timeframes specified by the court. Violating an OOP—even unintentionally—is a separate criminal offense under ARS § 13-2810.

Release Conditions

Even without a protective order, the court will impose release conditions after a domestic violence arrest. Standard conditions include:

• No contact with the alleged victim (direct or indirect)
• No presence at the alleged victim’s residence or workplace
• Prohibition on firearm possession
• GPS monitoring in some cases

Violating release conditions can result in arrest, bond revocation, and additional charges.

The Domestic Violence Case Process in Maricopa County

Understanding what happens after a domestic violence arrest helps you make informed decisions about your defense.

1. Arrest and Booking

Arizona law requires officers to make an arrest when they have probable cause to believe a domestic violence offense occurred—even if the alleged victim does not want charges filed. You will be transported to a Maricopa County jail facility for booking and processing.

2. Initial Appearance

Within 24 hours of arrest, you will appear before a judge or magistrate for an initial appearance. The court will:

• Advise you of the charges
• Set release conditions (bail, no-contact orders, etc.)
• Determine whether an Emergency Order of Protection should remain in effect
• Appoint counsel if you qualify

3. Arraignment

At arraignment (typically within 10-30 days for misdemeanors, earlier for felonies), you will enter a plea of guilty, not guilty, or no contest. Attorney Josh advises clients to plead not guilty at arraignment to preserve all defense options while the case is investigated.

4. Pretrial Proceedings

The pretrial phase involves:

• Discovery: Obtaining police reports, body camera footage, 911 recordings, photographs, medical records, and witness statements
• Investigation: Interviewing witnesses, obtaining contradictory evidence, and identifying weaknesses in the prosecution’s case
• Motion Practice: Filing motions to suppress illegally obtained evidence, dismiss charges, or challenge the sufficiency of the state’s case
• Plea Negotiations: Evaluating whether a negotiated resolution serves your interests better than trial

5. Trial

If the case proceeds to trial, the prosecution must prove every element of the charged offense beyond a reasonable doubt. Domestic violence cases often turn on credibility determinations, and effective cross-examination of the alleged victim and investigating officers is critical.

6. Sentencing

If convicted—whether by plea or trial—sentencing will include the mandatory domestic violence conditions described above. An experienced attorney can advocate for minimized jail time, favorable probation terms, and treatment options that position you for successful completion.

Defense Strategies in Domestic Violence Cases

Every domestic violence case presents unique facts and potential defenses. Attorney Josh evaluates each case to identify the strategies most likely to achieve a favorable outcome.

Self-Defense

Arizona law recognizes the right to use reasonable physical force to defend yourself against another person’s unlawful physical force (ARS § 13-404). If you were responding to an attack or credible threat from the alleged victim, self-defense may negate criminal liability.

Establishing self-defense requires demonstrating:

• The alleged victim was the initial aggressor
• You reasonably believed force was immediately necessary
• The force you used was proportional to the threat

Lack of Intent

Most domestic violence offenses require proof of a mental state—typically “intentionally,” “knowingly,” or “recklessly.” Accidental contact, reflexive reactions, or conduct that lacked the required mental state may not satisfy the elements of the offense.

False or Exaggerated Allegations

Domestic violence accusations sometimes arise from:

• Custody disputes where allegations provide strategic advantage
• Relationship conflicts where one party seeks to control the narrative
• Misunderstandings where conduct is mischaracterized
• Retaliation for unrelated grievances

Attorney Josh scrutinizes the alleged victim’s statements for inconsistencies, examines the timeline of events, reviews communications between the parties, and investigates potential motives for false reporting.

Insufficient Evidence

The prosecution bears the burden of proving guilt beyond a reasonable doubt. In many domestic violence cases, the only evidence is the alleged victim’s statement. Where physical evidence is lacking, witnesses are unavailable, or the alleged victim’s account contains contradictions, the prosecution may be unable to meet its burden.

Constitutional Violations

Evidence obtained through unlawful searches, coerced statements, or Miranda violations may be suppressed—potentially gutting the prosecution’s case. Attorney Josh reviews the circumstances of your arrest and investigation to identify any constitutional violations.

Alleged Victim Does Not Want to Prosecute

Arizona prosecutors can—and often do—pursue domestic violence cases even when the alleged victim does not want to press charges. However, an uncooperative victim presents significant evidentiary challenges for the state. While this alone does not guarantee dismissal, it is an important factor in case evaluation and negotiation.

Collateral Consequences of Domestic Violence Convictions

The penalties imposed by the court represent only part of the impact of a domestic violence conviction. Collateral consequences can affect virtually every aspect of your life.

Firearm Rights

Under federal law (18 U.S.C. § 922(g)(9)), a conviction for a “misdemeanor crime of domestic violence” permanently prohibits you from possessing firearms or ammunition. This applies even to misdemeanor convictions and cannot be restored except through presidential pardon or expungement (where available).

Arizona state law (ARS § 13-3101) also restricts firearm possession for persons subject to certain protective orders.

Child Custody and Family Court

A domestic violence conviction—or even pending charges—can significantly impact family court proceedings. Arizona family courts consider domestic violence as a factor in custody determinations under ARS § 25-403.03, and a conviction creates a presumption against awarding sole or joint custody to the offending parent.

Employment and Professional Licensing

Many employers conduct background checks, and a domestic violence conviction can disqualify you from positions involving:

• Law enforcement or corrections
• Healthcare and nursing
• Education and childcare
• Security clearances and government employment
• Financial services and fiduciary roles

Professional licensing boards may also take disciplinary action against licensed professionals with domestic violence convictions.

Immigration Consequences

For non-citizens, domestic violence convictions can trigger:

• Deportation proceedings
• Denial of naturalization applications
• Visa revocation
• Bars to re-entry

Domestic violence offenses are considered crimes involving moral turpitude and crimes of violence under immigration law, making immigration consequences particularly severe.

Housing

Public housing authorities and private landlords may deny housing to individuals with domestic violence convictions, and existing tenants may face eviction.

Frequently Asked Questions

What happens immediately after a domestic violence arrest in Arizona?

After arrest, you will be booked at a Maricopa County jail facility and held until your initial appearance, which must occur within 24 hours. At the initial appearance, the court sets release conditions—which typically include no-contact orders with the alleged victim—and determines bail. An Emergency Order of Protection may also be issued. You should contact an attorney as soon as possible to begin preparing your defense and address any immediate concerns about housing, children, or property access.

Can domestic violence charges be dropped if the alleged victim doesn’t want to prosecute?

The alleged victim does not control whether charges are filed or dismissed. In Arizona, the prosecutor makes charging decisions, and cases often proceed even when the alleged victim is uncooperative. However, the prosecution’s case may weaken significantly without the alleged victim’s testimony, which can influence plea negotiations or trial outcomes. Attorney Josh works to present the full picture to prosecutors while protecting your rights.

Will I lose my gun rights if convicted of domestic violence?

Yes. Federal law (18 U.S.C. § 922(g)(9)) permanently prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. This prohibition cannot be lifted by completing your sentence—it is permanent unless the conviction is expunged or pardoned. Protecting your Second Amendment rights is one of many reasons to mount a vigorous defense against domestic violence charges.

How does a domestic violence charge affect child custody?

Arizona family courts treat domestic violence as a significant factor in custody determinations. Under ARS § 25-403.03, there is a rebuttable presumption that an award of sole or joint custody to a parent who has committed domestic violence is contrary to the child’s best interests. Even pending charges—without a conviction—can influence temporary custody orders. If you have children with the alleged victim, the custody implications of your criminal case require careful coordination between your criminal defense and any family court proceedings.

What is the difference between an Order of Protection and release conditions?

Release conditions are imposed by the criminal court as a condition of your release from custody pending trial. They typically include no-contact provisions and are enforceable through the criminal case. An Order of Protection is a separate civil proceeding initiated by the alleged victim under ARS § 13-3602. Violating either one can result in arrest and additional charges, but they operate through different legal mechanisms. You may be subject to both simultaneously.

Can I go back to my home if I was arrested for domestic violence there?

It depends on your release conditions and any protective orders in effect. If the court orders you to have no contact with the alleged victim and the alleged victim resides in your home, you may be prohibited from returning—even if you own the property. Attorney Josh can request modifications to release conditions or protective orders to address housing, property retrieval, and other practical concerns.

Is domestic violence a felony or misdemeanor in Arizona?

It depends on the underlying offense. Most first-time domestic violence cases involving assault, disorderly conduct, or similar offenses are charged as misdemeanors. However, offenses involving serious injury, dangerous instruments, strangulation, or repeat violations can be charged as felonies. Additionally, a third domestic violence offense within 84 months is automatically charged as Aggravated Domestic Violence—a Class 5 felony—regardless of the underlying conduct.

What is a domestic violence offender treatment program?

Arizona requires anyone convicted of a domestic violence offense to complete a domestic violence offender treatment program as a condition of probation. These programs typically last 26-52 weeks and involve group counseling sessions focused on accountability, conflict resolution, and behavioral change. Failure to complete the program can result in probation violation and additional penalties.

Phoenix and Maricopa County Domestic Violence Defense

Attorney Josh represents clients facing domestic violence charges throughout the Greater Phoenix area, including cases in:

• Phoenix Municipal Court — Misdemeanor domestic violence cases within Phoenix city limits
• Maricopa County Superior Court — Felony domestic violence and aggravated domestic violence cases
• Scottsdale City Court — Cases arising in Scottsdale
• Mesa, Tempe, Chandler, Gilbert, and Glendale Municipal Courts — Cases throughout the Valley
• Justice Courts — Cases from unincorporated Maricopa County areas

Each court has its own procedures, and familiarity with local practices allows Attorney Josh to provide informed guidance about what to expect and how to position your case.

Schedule a Consultation

If you have been arrested for or charged with a domestic violence offense in Phoenix or Maricopa County, contact The Law Office of Joshua A. Lopez for a consultation. Attorney Josh will review the facts of your case, explain the charges and potential consequences, and discuss the defense strategies available to you.

Call (480) 386-1824 or complete the contact form to schedule your consultation.