Domestic Violence

In today's society, domestic violence is becoming a far too common charge that many people are unjustly accused of. This is also the case in Maricopa County. When convicted of domestic violence, offenders are required to not only serve the standard charge for the crime, but they also have the additional penalties of weapons revocation and required counseling.

In order to be charged as a domestic violence offense, the crime must fit two qualifications. It must be a domestic violence type offense, and there must also be a domestic relationship between the offender and victim. Without both of these, it cannot be considered domestic violence.

A domestic relationship means a lot more than husband and wife. The relationship can be between a formerly married couple. Dissolving a marriage and setting up two separate households, (for example, one in Tempe, and the other in Gilbert), does not mean there is no longer a domestic relationship in the eyes of the court.

If the alleged offender and victim has a child in common, or a potential child in common due to a pregnancy, there is also a domestic relationship. Even if the relationship does not include a child, any romantic or sexual relationship, previous or current, can also be considered under Maricopa county law.

Blood relationships are also domestic relationships. If the alleged victim is a child, grandparent, sibling, or even parent of the alleged offender there is a domestic relationship. In-laws are also included, and carry as much importance as blood relatives. Child victims who are not related to an alleged offender either by blood on as an in-law, can also be considered a domestic relationship, if they reside (or had resided) in the same household, and are related to someone else in the household.

If the alleged victim and offender in a case fit one of the relationship descriptions above, there is a chance that a criminal charge will also be considered domestic violence. The charge, however, must also fit specific guidelines. These offenses are both misdemeanor and felony, and can vary from assault, kidnapping, and general harassment.

Specific Domestic Violence eligible charges include:

Criminal Trespassing and/or stalking
Disorderly Conduct
Assault and Aggravated Assault
Intimidation (threatening)
Custodial interference and/ or kidnapping
Unlawful Imprisonment
Endangerment
Harassment and/or aggravated harassment
Aggravated Domestic Violence
Interfering in court proceedings
Vulnerable adult or child abuse
Criminal damage
all dangerous crimes against children

With the above crimes, and the presence of a domestic relationship, those found guilty will face the standard penalties, plus additional penalties for domestic violence. These include domestic violence counseling, and either the six month seizure of firearms or the permanent loss of the right to posses firearms.