When And How Is Domestic Violence Charged?
In Arizona, the term "domestic violence" is a label which attaches to any number of crimes when the alleged victim of the crime has a legally defined relationship with the accused. The following relationships define when the domestic label may be applied:
- 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.
- The victim and the defendant have a child in common.
- The victim or the defendant is pregnant by the other party.
- 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.
- 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 of the opposite sex who resides or who has resided in the same household as the defendant.
Domestic Violence Crimes - Dangerous Crimes
Arizona law makers have labeled a group of crimes as being "dangerous" crimes. The term "dangerous" is a legal term of art. Some crimes are clearly, by their very nature, dangerous, but other crimes would not appear to be dangerous or violent, at least by the common everyday understanding of the offense. Nonetheless, if police or prosecutors charge an offense listed below and the alleged victim fits into one of the categories defined above, the domestic violence label can attach.
- Crimes against children (A.R.S. § 13-604.01),
- Endangerment (A.R.S. § 13-1201),
- Threats and intimidation (A.R.S. § 13-1202),
- Assault (A.R.S. § 13-1203),
- Aggravated assault (A.R.S. § 13-1204),
- Custodial interference (A.R.S. § 13-1302),
- Unlawful imprisonment (A.R.S. § 13-1303),
- Kidnapping (A.R.S. § 13-1304),
- Trespass (A.R.S. § 13-1502 through § 13-1504),
- Criminal damage (A.R.S. § 13-1602),
- Interference with judicial process, (A.R.S. § 13-2810),
- Disorderly conduct (A.R.S. § 13-2904),
- Use of a phone to terrify, intimidate (A.R.S. § 13-2916)
- Harassment (A.R.S. § 13-2921 ),
- Aggravated harassment (A.R.S. § 13-2921.01),
- Stalking (A.R.S. § 13-2923),
- Surreptitious photographing, videotaping, filming or digitally recording (A.R.S. § 13-3019),
- Safe haven for newborn infants(A.R.S. § 13-3623.01),
- Child or vulnerable adult abuse (A.R.S. § 13-3623).