What Constitutes Domestic Violence In Arizona?
Over the years, domestic violence has been a term coined in vagueness. If you haven't experienced it first hand or known someone that has, the term may sound alien to you, chalked up to a term left for the Arizona police forces. But domestic violence can sadly happen to anyone, and studies show that the warning signs are often there. When it comes to domestic violence, no matter what state you live in, and no matter the circumstance, each struggle is different and requires specialized care. That's why the state of Arizona provides resources to those who need help the most. These resources are set up to not only help stop domestic violence but also help to prevent it, and not many know the true extent of what these services offer. But before you get into prevention and stopping domestic violence, one should know what constitutes domestic violence in Arizona in the first place. Domestic violence is a complex thing and knowing the law and policy when it comes to Arizona can be of great benefit when circumstances may turn serious.
What Is Domestic Violence Exactly?
According to something called the Arizona Revised Statutes Section 13-3601, there is a definition that is deemed legal when it comes to domestic violence. Dissecting it in Layman's terms it simply means violence that takes place inside the home. But when it comes to the legal definition they classify it as any act that is a dangerous crime against children, or violent offenses against a spouse or former spouse, a pregnant spouse, a blood relative, a household member, or someone with whom the assailant has sexual or a romantic relationship with. When it comes to deciding and classifying a situation as such, it falls into the court's hands. Their job is to decide whether an act is regular assault or domestic violence. This is decided based on the length and type of the relationship. Because domestic violence falls into its own category with its own governing policies, this distinguishment is important.
The law in Arizona sets it up to where once an alleged victim files a complaint or makes the call, then the case falls into the hands of the state or locality. An arrest can then be made due to probable cause. If the officer on duty deems it worthy enough to make an arrest they don;t need a warrant to do so. If it so happens that the alleged victim, or the person who made the call has a change of mind or anything related, the charges still stand and again are no longer in the hands of the victim. The only way to get the defendant off the hook for the charges may lay in the accuser refusing to testify.
How It's Defined In Arizona
The Arizona legal domestic violence law's definition attempts to make classifying an act as clear as possible when trying to decide whether or not it falls under the category of domestic violence. But because it has so many different levels of complexities, variables and so forth, it is impossible to decide what is domestic violence on that legal definition alone. THat is why there is a long list of punishable actions laid out to help a possible victim understand whether or not they themselves have fallen prey to domestic violence. If of course you are being assaulted, physically harmed or anything similar, the case should be clear. But if the lines are somewhat blurry then consult the list below;
- Slapping, hitting, kicking, punching, etc. someone else
- Throwing things at a household member or spouse
- Intimidating, threatening, or harassing by verbal means
- Harassment over the phone or electronically
- Endangerment, or putting someone in imminent danger of physical injury
- Using threatening conduct or gestures
- Stalking or secretly recording/watching someone without cons
- Kidnapping or unlawful imprisonment
- Disallowing the use of a telephone in an emergency
- Criminal trespass or disobeying a court order
- Criminally damaging someone else’s property
- Committing manslaughter, homicide, or murder of a household member/spouse
- Abusing a child or a vulnerable (disabled, elderly, etc.) adult
- Assault, harassment, property damage, trespassing, and disorderly conduct can all constitute domestic violence in the wrong circumstances.
- These actions may qualify as domestic violence if the alleged victim is a current or former spouse, someone you have a child with, someone who lives in your household, a sibling or other blood relative, a child who resides in the household, or someone with whom you currently, or used to, have a romantic relationship.
What Level of Charge is Domestic Violence?
Just as domestic abuse itself can be complex with many variables, the way in which one faces charges is just the same in complexity. Usually those in the position of law enforcement have to look at specifics of each case. Today, there are over two dozen offenses under ARS 13-3601. Those offenses are wide ranging and can fall under first degree manslaughter all the way down to child abuse. The law decides how these cases are classified based upon the various connections in the case like who is related to who, who lives where and so forth.
Overall, a domestic violence endangerment charge is a class 1 misdemeanor. When domestic violence has a connection to disorderly conduct that involves something like a weapon, the charge is then elevated to a class 6 felony. For even more information on criminal charges concerning domestic violence visit the Office of the Arizona Attorney General.
Getting an Order of Protection
One of the civil implications of a domestic violence allegation is having an order of protection filed against you. Depending on the type and terms of the order, it could impose the following:
If you are a victim of domestic violence going by the outlines laid above, there are some immediate ways in which you can separate yourself from the one(s) putting you in danger. One of those top things is getting an order of protection. An order or protection is an order put forth to bar the defendant from coming into contact with the alleged victim. This can be physically and verbally. The order of protection can also impose a "leave the residence order", disqualify the accused of owning a firearm, disqualify the accused from going to specific locations named in the order (workplace, residence, commute hot spots, etc).
If the accused were to ignore the rules set forth in the order of protection then law enforcement can issue an arrest via Arizona Victim's Rights Enforcement Officer or local law enforcement and place formal charges. How can you really be sure when it comes to getting an order of protection? Visit the Domestic Violence Benchbook (Civil).
Know when to seek help
Domestic violence is a serious thing that requires immediate attention. The longer these cases persist, the greater the chance of the situation escalating. If you or a loved one have been a victim of domestic violence please visit or call the National Domestic Violence Hotline. And for more information regarding domestic violence in Arizona please visit the Arizona Supreme Court Domestic Violence Information Page.