Definition of Domestic Violence in Arizona
The state of Arizona defines domestic violence as almost any criminal act of abuse committed by one "family or household member" against another. Several Arizona laws can be considered domestic violence offenses if there is a qualifying victim. These crimes are not all violent in nature.
Domestic violence abuse can be physical, emotional, sexual, economic control and neglect. Examples of crimes associated with domestic abuse include:
Aggravated Domestic Violence Charges
If you are found guilty of a misdemeanor domestic violence charge for a third time in a seven-year period you can be charged with a felony and sentenced to prison time. Aggravated domestic violence is considered a Class 5 felony and carries up to 2 ½ years in prison for a first conviction.
Can a Victim Drop the Charges?
No, domestic abuse crimes are aggressively prosecuted and even if the victim tells the court and prosecutor they do not wish to "press charges", the case will not be dismissed.
If charges are filed, only the district attorney has the authority to drop them. A judge must approve the prosecutor's request to dismiss a case. The victim is a witness for the state and has no authority to drop charges. In many cases, the State will prosecute a case even if the victim refuses to testify.
The prosecutor may choose not to file charges. In that event, the victim will be notified of that decision.
What Protections Are Available in Addition to Criminal Prosecution?
There are several remedies and legal protections available for victims of domestic violence in Arizona. These may include:
|Code Sections||A.R.S. 13-3601 et. seq.|
|What Protections are Available?||
Civil and criminal
|Definition of Domestic Violence/Abuse||
Domestic Violence means any one of the following acts between household or family members (the list is long)
|Family/Household Member Definition||
Arizona makes available two types of restraining or protection orders: 1) Emergency Orders of Protection; and 2) Permanent Orders of Protection.
Misdemeanor or felony. Depends on the nature of the underlying crime and previous criminal history of the defendant. Domestic violence counseling is mandatory and possibly victim restitution.
In Arizona, you may file in small claims court on your own for anything that is $2,500 or less. If you want to sue for more, you will have to file in regular justice court and may need the help of a lawyer. You may talk to the clerk of court in your county for help in filing a law suit in small claims court.
Where to Find Help in Arizona
Get a Free Legal Analysis of Your Criminal Charges
Because Arizona domestic laws can sometimes get complicated, it important to consult an experienced criminal defense attorney if you have questions about your specific situation. Domestic violence cases are often challenging and even though you may think you can't win, you should consider learning about your options. Start now with a free case review from an experienced criminal defense lawyer.
Contact a qualified attorney.