Domestic Violence in Arizona: ARS 13-3601

Posted on September 18, 2025 in Assault & Violent Crimes

Domestic violence is an umbrella term that includes several crimes that one family or household member commits against another.

Depending on the specific underlying offense, domestic violence can be a misdemeanor or a felony-level offense.If you have been charged with domestic violence in Arizona, AZ Defenders can represent you in negotiations with prosecutors and/or in a criminal trial. Contact us at (480) 456-6400 to speak with an experienced criminal defense attorney in a free consultation.

How Does Arizona Law Define Domestic Violence?

Arizona Revised Statutes (ARS) Section 13-3601 is the state’s domestic violence statute. It is a catch-all statute that lists multiple crimes that become “domestic violence” offenses if they are committed under any of the following circumstances:

• The alleged offender and the victim are married, or former spouses.
  
• The alleged offender and the victim currently reside in the same household, or shared residence in the same household.
  
• The alleged offender and the victim have a child in common.
  
• The alleged offender or the victim is pregnant by the other party.
  
• The victim is related to the alleged offender or the offender’s spouse by blood, or by a court order as a parent, grandparent, child, grandchild, brother, or sister by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
  
• The victim is a child who resides or has resided in the same household as the alleged offender, 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.
  
• The relationship between the victim and the alleged offender is currently or was previously a romantic or sexual relationship.

To determine if a relationship between the victim and the alleged offender is or was a romantic or sexual relationship, the court considers the following factors:

• The type of relationship.
  
• Its duration.
  
• The frequency of the interaction between the victim and the defendant.
  
• If the relationship has terminated, the amount of time that has passed since the termination.

What Crimes Are Included in Domestic Violence?

Arizona’s domestic violence law lists several crimes that may trigger a charge of domestic violence:

• Any form of criminal homicide: first-degree murder, second-degree murder, manslaughter, or negligent homicide.
  
• Assault-related offenses including endangerment, threatening or intimidating, assault, and aggravated assault.
  
• Custodial interference, unlawful imprisonment, and kidnapping.
  
• Sexual assault.
  
• Unlawful disclosure of images depicting nudity or sexual activity.
  
• Criminal trespass in the first, second, or third degree.
  
• Criminal damage.
  
• Interference with judicial proceedings.
  
• Disorderly conduct (fighting, seriously disruptive behavior, unreasonable noise, using abusive or offensive language or gestures likely to provoke immediate physical retaliation, or recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument).
  
• Intentionally preventing or interfering with the ability of another person to use a telephone in an emergency situation.
  
• Using electronic communication to terrify, intimidate, harass, or threaten another person.
  
• Harassment, aggravated harassment, or stalking.
  
• Abuse of a child or a vulnerable adult.

What Are the Penalties for Domestic Violence?

Generally, domestic violence is not by itself a crime with a specified punishment under Arizona law. Instead, the maximum sentence you may face depends on the underlying criminal act you are charged with above.

A domestic violence conviction requires you to take mandatory domestic violence classes. You can also be subject to a protective order to prevent you from having further contact with the victim.

Increased Sentence if the Victim is Pregnant

A defendant who commits a domestic violence offense against a pregnant victim, and who knew that the victim was pregnant, or who commits a felony offense causing physical injury to a pregnant victim and knows the victim is pregnant, is subject to having up to two years added to any sentence of incarceration that would otherwise apply.

Aggravated Domestic Violence

An important exception to the general rule that domestic violence does not carry its own penalties is what is known as aggravated domestic violence under ARS 13–3601.02.

Aggravated domestic violence applies if you are convicted of a third domestic violence offense that was committed within 84 months. It is a Class 5 felony under Arizona law. This is true even if the third offense would otherwise be a misdemeanor-level crime.

• A person convicted of two prior acts of domestic violence is not eligible for probation, pardon, or suspension of sentence for a third act until that individual has served at least four months in jail.
  
• A person convicted of three or more prior domestic abuse violations must serve at least eight months in jail before being eligible for probation, pardon, commutation or suspension of sentence, or release on any other basis.

Defenses to a Charge of Domestic Violence in Arizona

Some potential defenses to a domestic violence charge exist. These include:

• Your relationship to the victim does not match the statutory definition under ARS 13-3601. If the prosecution cannot prove a qualifying relationship as defined in § 13‑3601(A) (e.g., marriage, current/former household, child in common, pregnancy, specified in‑law/step relations, or a romantic/sexual relationship proven by the statute’s factors), this can be a defense.
  
• Any defense to the underlying criminal charge that can cast reasonable doubt on one or more of its elements and lead to an acquittal or to a lesser charge is a possible defense.
  
• An act of self-defense is a defense to a domestic violence charge.
  
• A false accusation by the alleged victim can lead to an acquittal of a domestic violence charge.

Have You Been Charged With Domestic Violence in Arizona?

The consequences of a domestic violence conviction can be serious, especially if the underlying criminal charge is a felony or if you are being charged with aggravated domestic violence. In addition to jail or prison time, you can be subject to criminal fines which, in the case of a felony conviction, can amount to up to $150,000.

A felony conviction can also lead to the loss of your ability to exercise some of your civil rights, like being able to buy or own a firearm or even to vote in elections. A criminal conviction stays on your public record, and can make it difficult to get a job, or a place to live, or to be able to obtain or keep an Arizona professional license.

Your defense strategy to a domestic violence charge will depend on the facts of your case, the details of the arrest, and the evidence the state has against you. At AZ Defenders, we build custom-tailored legal strategies unique to each client, including domestic violence cases. You can speak with one of our board-certified criminal defense lawyers by calling us at (480) 456-6400 or contact us online.