Domestic Violence

Governed under A.R.S. §13-3601, Domestic Violence crimes are prosecuted aggressively in Arizona and are defined as crime consistent with a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01.

The nature of the relationship between the Defendant and the alleged victim in a domestic violence case is vital in classifying it as a domestic violence crime and is specifically limited to the following relationships under A.R.S. §13-3601(A):

1. One of marriage or former marriage or of persons residing or having resided in the same household;

2. Parties have a child in common;

3. One party is pregnant by the other party;

4. Alleged 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;

5. The alleged 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 who resides or who has resided in the same household as the defendant.

6. The relationship between the alleged victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.

Domestic violence crimes differ from traditionally non-designated domestic violence crimes in the imposition of mandatory domestic violence counseling typically consisting of a minimum of twenty-six (26) sessions as well as the possible forfeiture of any weapons possessed by the Defendant.

 

 

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