Arizona Domestic Violence Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed January 10, 2025

In domestic violence, there are no winners. Arizona's definition of domestic violence cites almost any criminal act of abuse committed by one family or household member against another. Several crimes are domestic violence offenses in Arizona if there is a qualifying victim. Physical violence is not the only kind of domestic abuse.

Understanding Arizona domestic violence laws helps you know your options. In this article, we'll explore domestic violence, how it interacts with Arizona law, and how you might best protect yourself going forward.

Domestic Violence Under Arizona Law

For many, domestic violence conjures images of bruises, broken bones, and other physical injuries. Yet, abuse from domestic violence is not limited to bodily damage. Offenders often use emotional abuse, sexual abuse, economic control, and neglect.

Domestic Violence: Charges and Victims

Domestic violence is a crime, but often, it's a special category attached to other crimes. This is due to the relationship between those involved. Examples of crimes associated with domestic abuse include:

Aggravated assault
Assault and battery
Assault with a deadly weapon
Criminal trespass
Disorderly conduct
Threatening
Kidnapping
Sexual assault
Witness intimidation
Watching or recording you while you are in a private place (i.e., bathroom, bedroom) doing a private act (i.e., urinating, having sexual intercourse)

Other crimes apply as well.

Offenses that involve domestic violence often carry more severe penalties than those between two people who don't know one another. Those who can be victims of domestic violence include the following:

Spouses, current or former
Those who live in the same household or had a domestic relationship
People who have a child together
The defendant or the victim is pregnant by the other party
The victim is related to the defendant or defendant's spouse by blood or court order as a parent
The victim is a child who lives or lived in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who has lived in the same household as the defendant
The defendant and victim are or were in a romantic or sexual relationship
The victim is related to the defendant or defendant's spouse by blood or court order as a parent
Grandparent, child, grandchild, brother, sister, or by marriage as an in-law or stepchild/step-grandchild

If police can't confirm a domestic relationship, it doesn't mean the criminal offenses disappear. The underlying conduct raised by the alleged victim may still lead to criminal charges that do not contain a relationship rule.

Domestic Violence Charges in Arizona: How They Work

If law enforcement gets called to a domestic dispute in Arizona and finds probable cause of domestic abuse, they will file charges whether the victim requests it or not. These can be misdemeanor or felony charges. Once charges get filed, the decision whether to drop them belongs to the state, represented by the prosecutor/district attorney in charge of domestic violence cases.

The police can seize firearms from the domestic abuse offender if they feel it's warranted. The weapons must be either in plain sight or found after consent for a search. Otherwise, they must have probable cause to get a search warrant.

Penalties depend on the underlying crimes and previous convictions, if any. First-time offenders of lesser offenses may have the opportunity for probation through diversion programs. These often involve treatment through mandatory courses. Offenders must pay for the treatment and must finish to meet probation requirements.

In some instances, even habitual domestic violence offenders can enter a diversion program.

Aggravated Domestic Violence Charges

Those who commit a third misdemeanor domestic violence offense within a seven-year period can face increased penalties. Aggravated domestic violence is considered a Class 5 felony offense. It can carry a four-month minimum jail sentence or more.

Protections and Options Available for Arizona Domestic Violence Victims

Today, domestic violence laws permit more relief than simply the prosecution of a criminal act. Being the target of domestic violence crimes can be terrifying and traumatic. Arizona offers several remedies and legal protections for victims of domestic abuse. These include:

Address Confidentiality Program (ACP): The office of the secretary of state offers victims of domestic violence a certain amount of coverage. They can get a legal substitute address, often a post office box, instead of their physical address. First-class mail sent to the substitute address gets forwarded to the victim's actual address. This keeps their location off the map.
Protective orders: Victims of domestic violence can apply for protection or restraining orders to keep their abuser away. These include an Order of Protection, an Injunction Against Harassment, and an Injunction Against Workplace Harassment.
Civil lawsuit: The victim may file a civil lawsuit to recover losses and expenses such as medical bills or pain-and-suffering damages. Arizona small claims courts handle amounts up to $3,500.
Custody/child or spousal support orders: Child custody and other agreements may get modified to prevent any further violence between spouses, children, or other persons.

The Violence Against Women Act (VAWA) adds federal protection for victims of domestic violence. Among other things, it forbids abusers from crossing state lines to commit domestic violence.