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Domestic Violence FAQ

Arizona Domestic Violence Laws: A.R.S. 13-3601

Phoenix Domestic Violence Attorney

In Arizona, domestic violence can be a number of different criminal offenses committed where the following relationship exists between alleged victim and defendant:

  • Married or formerly married
  • Have a child together
  • One party is pregnant by the other party
  • Related by blood or court order
  • Child residing in the same household as the defendant
  • Current or past romantic or sexual relationship

These offenses, if involving an alleged victim and defendant who meet at least one of the criteria above, can constitute domestic violence:

Domestic Violence Charges By Old Girlfriend / Boyfriend

In Arizona, the courts consider a few factors when determining if domestic violence applies to an alleged victim and defendant who used to have a relationship. Those factors they use to determine the relationship include:

  • The type of relationship
  • The length of relationship
  • Frequency of interaction
  • How much time has passed since the end of the relationship

“With or Without a Warrant”

According to A.R.S. 13-3601(B),

A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer.

If the peace officer believes that either party’s actions were justifiable acts of self-defense, there is no probable cause for that party to be arrested on suspicion of domestic violence.

Is a domestic violence charge a misdemeanor or a felony?

In Arizona, domestic violence can be a felony or a misdemeanor depending on the type of offense committed. For example, aggravated assault on a blood relative could constitute a felony offense, while endangerment of a child in your household could constitute a misdemeanor offense.

What can I do if I was arrested under Arizona’s domestic violence law?

If you were arrested on charges defined in A.R.S. 13-3601, you have the right to retain an attorney to handle your defense. At MayesTelles, we handle all types of felony and misdemeanor cases on behalf of the accused throughout Maricopa County and the state of Arizona.

Contact a Phoenix domestic violence lawyer at MayesTelles PLLC today for a free evaluation of your legal rights and options.

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