Domestic Violence Crimes

Domestic Violence

A crime may be classified and charged as a Domestic Violence offense if the defendant and alleged victim have a familial relationship or resided in the same household, either at the time of the offense or prior. If found guilty of a Domestic Violence offense and the defendant is eligible for probation, the County Attorney’s Office may offer a plea involving probation or intensive probation.  Punishment can range from a simple fine, incarceration in the county jail, payment of restitution and completion of a Domestic Violence offender treatment program.  If, however, this is not the offender’s first offense or the crime involves a deadly weapon, dangerous instrument, death, serious physical injury or a child under the age of fifteen (15), the range of penalty can include extensive prison time. 

Harassment

Harassment is defined in Arizona law as conduct directed at a specific person which would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.  Harassment can become a Class 1 Misdemeanor if a person, with intent to harass or with knowledge that the person is harassing another person, the person:

• Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
• Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
• Repeatedly commits an act or acts that harass another person.
• Surveils or causes another person to surveil a person for no legitimate purpose.
• On more than one occasion makes a false report to a law enforcement, credit or social service agency.
• Interferes with the delivery of any public or regulated utility to a person.

Harassment becomes a Class 5 Felony in Arizona if the victim is a public officer and the person with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.

Aggravated Harassment

If an injunction against harassment has been issued against a defendant and that defendant further harasses the person to whom the order has been issued, the Defendant can now be charged with Aggravated Harassment, which is a Class 6 Felony.  If the defendant has previously been convicted of a felony involving domestic violence and commits an act of Harassment, Aggravated Harassment becomes a Class 5 Felony.

Aggravated Domestic Violence

Domestic Violence can become a Class 5 Felony in Arizona if there are two (2) or more convictions within an eighty-four (84) month period of time.  If a person is found guilty of Aggravated Domestic Violence after committing his/her third act of Domestic Violence within an eighty-four (84) month period of time, that person must serve no less than four (4) months in the County Jail.  If a person is found guilty of Aggravated Domestic Violence after committing his/her fourth act of Domestic Violence within an eighty-four (84) month period of time, that person must serve no less than eight (8) months in the County Jail.

Orders of Protection

Orders of Protection are issued as a civil action by a Magistrate, Justice of the Peace or Superior Court judge for the purpose of restraining a person from committing an act against or contacting the asking party.  The order is usually issued without notice to the defendant and is effective to prohibit contact by the defendant once served upon him or her. An Order of Protection is good for one year but can be renewed if specifically requested by the complainant.

An Order of Protection generally prohibits the defendant from contacting the plaintiff and/or other specifically designated persons from coming near that person’s residence, place of employment on a showing that there is reasonable cause to believe that physical harm may otherwise result.

A defendant is entitled to a civil hearing to contest the Order of Protection.  If after the hearing the Order of Protection is upheld, the defendant then violates the Order of Protection, the defendant may be charged with the crime of Interference with Judicial Proceedings.  If an assault is committed while the Order of Protection is in place, the perpetrator could be charged with the felony offense of Aggravated Assault.

See our website on Protective Orders for more information.

Custodial Interference

A defendant can be charged with Custodial Interference if he or she keeps a child from the lawful custody of another and knows or should know that he/she has no legal right to do so. This may occur even if the defendant is a parent of the child.

Custodial Interference can be classified as a Class 1 Misdemeanor if the defendant returns the child without injury prior to arrest up to a class 6 Felony. Custodial Interference is often charged with more serious crimes, such as kidnapping.