What Charges Will I Face for a Domestic Violence Incident?

Talk to our Arizona domestic violence lawyers that include a former police officer, prosecutors, and judge.

What Charges Will I Face for a Domestic Violence Related Incident?

In Arizona, domestic violence is not a separate chargeable offense — it’s a designation of the relationship between the accused and the alleged victim. For example, if the police determine that a husband pushed or punched his wife during an argument, he would be charged with assault and disorderly conduct, designated as “by domestic violence.”

Arizona Revised Statute 13-3601 defines what relationships qualify for the domestic violence designation: being married, having a child in common, having a previous romantic relationship, or having cohabitated (including roommates).

Mandatory Minimum Consequences

For a first offense domestic violence conviction, a person must complete a minimum of 26 weeks of domestic violence counseling. The court has no discretion to waive this requirement.

Maximum Penalties for DV Misdemeanors

  • Class 3 Misdemeanor: Up to 1 year probation, 1 month in jail, up to $500 in fines
  • Class 2 Misdemeanor: Up to 2 years probation, 4 months in jail, $750 fine plus surcharges
  • Class 1 Misdemeanor: Up to 3 years probation, 6 months in jail, $1,500 in fines

Second and Third Offenses

A second offense within seven years requires supervised probation and a minimum of one year of DV counseling. A third offense within seven years becomes aggravated domestic violence, charged as a felony.

Under the federal Grady Law, anyone with a domestic violence conviction loses their right to possess a firearm.

How Do Police Determine Who the Aggressor Is?

When police are called to a home, they will separate the parties and interview everyone present. They examine physical evidence, injuries, damage inside the home, and which statements coincide with the evidence.

Based on department policies, if officers respond to an allegation involving domestic violence, someone is going to be arrested. Very rarely do they let both parties go their separate ways that night.

Why Choose Oliverson Law?

At Oliverson Law DUI & Criminal Defense, our team includes a former domestic violence judge, prosecutors, and police officer. This combination of experience is vital because we anticipate the moves and strategy of the prosecution and the judge.

Over the length of their careers, our attorneys have helped thousands of people successfully fight their criminal charges. We offer a team approach and keep you fully informed throughout the process.

Frequently Asked Questions

No. Domestic violence is a designation of the relationship between the accused and the alleged victim. The actual charges are typically assault, disorderly conduct, or criminal damage, designated as “by domestic violence.”

For a first offense, you must complete a minimum of 26 weeks of domestic violence counseling. The court cannot waive this requirement. There is no mandatory minimum jail time, but jail is possible.

A third domestic violence offense committed within a seven-year period is charged as aggravated domestic violence, which is a felony. This carries significantly harsher penalties than misdemeanor DV charges.

Yes. Under the federal Grady Law, anyone convicted of domestic violence loses their Second Amendment right to possess a firearm.

Protect Your Future Today

Our team of former judges, prosecutors, and police officers is ready to fight for you. Available 24/7 throughout Arizona.

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