Quick answer

A domestic violence assault in Arizona is an assault under A.R.S. § 13-1203 that the State designates as domestic violence because of the relationship listed in A.R.S. § 13-3601. Many are misdemeanors, but the DV designation adds consequences, and some facts, such as strangulation, a weapon or a serious injury, can make the case a felony.

What Makes an Assault a Domestic Violence Offense?

Domestic violence is not a separate crime in Arizona. It is a designation added to an underlying offense, and assault is the most common one. Assault itself generally means one of three things: causing physical injury, intentionally placing someone in fear of imminent physical injury, or touching someone with intent to injure, insult or provoke.

The designation applies when the State alleges one of the relationships in A.R.S. § 13-3601:

  • Current or former spouses, or people who live or have lived in the same household
  • Parents of a child in common, or where one person is pregnant by the other
  • Certain relatives by blood or marriage, including parents, children, siblings, grandparents and in-laws
  • A current or former romantic or sexual relationship

Roommates and adult siblings are often surprised to learn their case carries a DV label. The relationship does not need to be current, and the incident does not need to happen at home.

What Happens After a DV Assault Arrest

Arizona law lets police arrest without a warrant when they have probable cause to believe domestic violence occurred, even for a misdemeanor they did not witness. That is why many people find themselves booked after a single call, sometimes when both people had been arguing or both had marks.

If you are held, a judge sets release conditions at your first appearance. In DV cases these almost always include an order not to contact the alleged victim, and sometimes an order to stay away from a shared home. Police may also take firearms for safekeeping under A.R.S. § 13-3601. If you are released with a citation, your first court date is usually an arraignment.

Living arrangements and no-contact conditions

A no-contact condition can mean you cannot return to your own home, even to pick up clothes, without arranging it properly. If you share children, it can affect pickups and visits. A lawyer can ask the court to modify conditions, and the alleged victim can share their views with the prosecutor and the court, but until a judge changes the order it must be followed.

Can the Alleged Victim Drop a Domestic Violence Assault Charge?

No. The prosecutor, not the alleged victim, decides whether a case moves forward. Alleged victims in Arizona have rights to be informed and heard, and many tell prosecutors they do not want the case to continue. Prosecutors consider those wishes, but they can and often do proceed using 911 recordings, officer observations, body camera video, photos and other witnesses.

Two cautions apply to anyone in this position. First, a defendant should never pressure or ask the alleged victim to change their account or skip court. That can lead to new charges. Second, an alleged victim who wants to share information about the case may want independent advice about their own rights before making statements.

Penalties and Consequences of a DV Assault Conviction

A sentence depends on how the assault is classified, the facts alleged and your history. A misdemeanor DV assault can bring jail, fines and probation. Beyond that, a domestic violence conviction often brings:

  • Domestic violence counseling or treatment. Courts commonly order completion of an approved program, under A.R.S. § 13-3601.01.
  • Firearm restrictions. Arizona treats a person serving probation for a domestic violence offense as a prohibited possessor under A.R.S. § 13-3101. Federal law adds its own, longer-lasting restrictions after certain domestic violence convictions.
  • A record that counts later. Prior DV convictions can turn a future misdemeanor into aggravated domestic violence, a felony.
  • Family court and immigration effects. A DV conviction can be raised in custody disputes, and for non-citizens it can carry serious immigration consequences.

Our article on how domestic violence charges affect gun rights covers the firearm issues in more depth, and this guide to background checks explains how a DV case can show up later.

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When a DV Assault Becomes a Felony

A DV assault becomes a felony when the State alleges an aggravating circumstance under A.R.S. § 13-1204 or a pattern of prior DV convictions. Common examples include:

  • Strangulation or suffocation, or impeding someone’s normal breathing, in a domestic relationship
  • Use of a deadly weapon or dangerous instrument
  • A serious physical injury, a fracture or substantial temporary disfigurement
  • An assault while the defendant is under an order of protection
  • An alleged victim who is a child, depending on ages and circumstances

Felony cases are heard in Superior Court and carry the possibility of prison. Read more on our aggravated assault page and our aggravated domestic violence page.

Defenses to a Domestic Violence Assault Charge

The defense usually starts with a hard look at what the State can actually prove, and what was left out of the police report.

  • Self-defense or defense of another. A.R.S. § 13-404 allows reasonable force in some circumstances. In mutual arguments, who started the physical contact and how much force was used can decide the case. See our article on self-defense under Arizona law.
  • False or exaggerated accusations. Breakups, custody disputes and jealousy can produce accounts that do not hold up against messages, timelines and other witnesses.
  • No intent, or an accident. Assault requires a particular mental state. An accidental contact during a chaotic moment is different from an intentional act.
  • Weak or inconsistent evidence. Statements given in the moment can conflict with later accounts, photos and medical records.
  • No qualifying relationship. If the relationship does not fit A.R.S. § 13-3601, the DV designation should not apply.

Diversion or deferred prosecution programs exist in some courts for certain first-time cases. Eligibility depends on the court, the prosecutor and the facts. Our guide to a first-time domestic violence charge in Arizona explains more.

The Court Process in a DV Assault Case

  1. Arrest or citation, and release conditions. No-contact terms usually start immediately.
  2. Arraignment. You hear the charge and enter a plea. It is not a trial.
  3. Evidence review. 911 audio, body camera video, photos, medical records and statements are exchanged and examined.
  4. Motions and negotiation. Your lawyer can challenge improper evidence and discuss possible resolutions, including diversion where available.
  5. Trial. The State must prove the assault and the relationship beyond a reasonable doubt. Learn what to expect if a domestic violence case goes to trial.

Misdemeanor DV assaults are heard in city and justice courts across Arizona. Felony cases are heard in each county’s Superior Court, such as Maricopa County Superior Court.

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Christian Lueders, Guardian Law Group criminal defense attorney, seated outside a Maricopa County court building in Phoenix

Why Choose Guardian Law Group for a DV Assault Case

He used to build these cases

As a felony prosecutor with the Maricopa County Attorney’s Office, Christian Lueders saw how domestic violence cases are charged and negotiated. That experience now goes into finding the gaps: missing context, inconsistent statements and evidence that was never collected.

Attention to everything the case touches

A DV assault case can affect your home, your children, your firearms and your work. Each of those is part of the conversation from the first call.

Discreet contact

You can request a call back with only a name and phone number. Read our client reviews and awards and recognition.

Related pages

Domestic Violence Assault in Arizona: Frequently Asked Questions

Is domestic violence assault a felony in Arizona?

Often it is a misdemeanor, but it can be a felony. Aggravating circumstances under A.R.S. § 13-1204, such as strangulation, a weapon, a serious injury or an assault while under an order of protection, can make it felony aggravated assault, and repeated DV offenses can lead to aggravated domestic violence.

Can the victim drop domestic violence charges in Arizona?

No. The prosecutor decides whether to continue or dismiss a case. An alleged victim can share their wishes, and prosecutors consider them, but the case can go forward based on other evidence.

Will I lose my gun rights for a DV assault?

Possibly. Under A.R.S. § 13-3101, a person serving probation for a domestic violence offense is a prohibited possessor in Arizona, and federal law imposes its own firearm restrictions after certain domestic violence convictions.

Can I go home after a domestic violence arrest?

It depends on your release conditions. Many DV release orders bar contact with the alleged victim and may bar returning to a shared home. Those conditions must be followed until a judge changes them.

What if we were both hitting each other?

Mutual altercations are common in DV cases. Who started the physical contact, how much force was used and whether either person acted in self-defense under A.R.S. § 13-404 can all matter. Both people are sometimes arrested.

Is there diversion for a first-time DV assault?

Some Arizona courts and prosecutors offer diversion or similar programs for certain first-time domestic violence cases. Eligibility varies with the court, the facts and your history.

Do roommates count as domestic violence?

They can. A.R.S. § 13-3601 includes people who live or have lived in the same household, so an assault charge between current or former roommates can carry a domestic violence designation.

Is the case review free?

Yes, the case review is free and confidential. Call 602-888-8020, available 24/7, or request a call back with just your name and phone number.