Arizona Revised Statutes (A.R.S.) § 13-3601 is the umbrella statute that defines domestic violence and specifies the various offenses that qualify as domestic violence. These include physical abuse, harassment, and other forms of abusive behavior toward intimate partners, family members, or household members.
Overview of A.R.S. § 13-3601
Definition of Domestic Violence
A.R.S. § 13-3601 broadly defines domestic violence as any act of violence or abuse that occurs between individuals who share a familial or romantic relationship. Subsection A lists the qualifying offenses, including:
- Any dangerous crime against children;
- Murder;
- Negligent Homicide;
- Manslaughter;
- Custodial Interference;
- Unlawful Imprisonment;
- Kidnapping;
- Sexual Assault;
- Revenge Porn;
- Criminal Trespass;
- Criminal Damage;
- Interfering with Judicial Proceedings;
- Disorderly Conduct;
- Cruelty to Animals;
- Preventing Use of Telephone in Emergency;
- Use of Electronic Communication to Terrify, Intimidate, Threaten, or Harass;
- Harassment;
- Stalking;
- Surreptitious Photographing;
- Child or Vulnerable Adult Abuse
Who Can Be a Victim of Domestic Violence?
For one of the above offenses to constitute domestic violence, the victim must share one or more of the following relationships with the perpetrator.
- Spouses or former spouses;
- Persons who are or were living together;
- Parents and children;
- Persons who share a child in common;
- People who are or were in a romantic or intimate relationship;
- People related by blood, marriage, or court order (e.g., siblings, grandparents, in-laws);
A different kind of protective order, called an injunction against harassment, can be obtained when the perpetrator and victim do not share any of these relationships.
Mandatory Arrests
In Arizona, police officers are often required to make an arrest in domestic violence situations if there is probable cause to believe that an act of domestic violence has occurred even if the victim does not want to press charges. The victim's willingness to cooperate or testify does not necessarily determine whether an arrest is made. However, the prosecution will typically consider the victim's willingness to cooperate during legal proceedings.
Effects of Orders of Protection
The most basic effect is that the perpetrator may be barred from having any contact with the victim for a period of two years subject to renewal. This can be tailored to allow specific types of communications. An example is that parents may be able to communicate by email or another app (e.g. text, OurFamilyWizard, etc) regarding their shared children.
Another impact to family court is that once an order of protection is upheld, it is a finding of domestic violence that can invoke a presumption against joint legal decision-making being awarded to the perpetrator. For existing orders, this can be a basis for modification of legal decision-making and/or parenting time.
In certain circumstances, domestic violence can lead to the loss of firearm rights under state and/or federal law. This is sometimes referred to as a Brady Notice or Indicator. This is not automatically invoked, because it has Constitutional implications, the court must find that the perpetrator poses a credible threat of physical harm to the victim. Unfortunately, some of the boilerplate language in protective orders issued in Arizona automatically invokes the federal firearms restriction. If you own firearms and you are facing an order of protection, you should consider retaining an attorney to help protect those firearm rights.
Conclusion
A.R.S. § 13-3601 is a crucial statute in Arizona's criminal and family law landscape, as it provides a legal framework for addressing domestic violence, protecting victims, and holding perpetrators accountable. It defines domestic violence broadly, includes a wide range of offenses, enhances penalties, and creates specific legal protections for victims. Importantly, it mandates law enforcement actions such as arrest and the possibility of protective orders, even when the victim is reluctant to press charges.
This law is part of a broader effort by Arizona to respond more effectively to domestic violence situations, emphasizing victim safety, offender accountability, and support for rehabilitation.
