If you are in imminent danger, call 911. But beyond that—if you are not facing immediate danger but are instead wondering what options are available to victims of domestic violence—it’s important to understand what domestic violence is under the law.
Domestic violence cases are complex and unique in that they are connected as much to the relationship of the people involved as the actions of a crime. Once we have discussed basic legal principles relating to domestic violence, we will review how orders of protection can help keep you safe.
What is Domestic Violence under the Law?
In Arizona, domestic violence laws prohibit acts that pose a danger to children or violent offenses against those in a qualifying relationship.
Domestic violence includes a wide range of control and abuse, such as physical, emotional, sexual, and financial abuse.
In terms of charges, common domestic violence cases include assault and battery, child endangerment, criminal trespass, disorderly conduct, elder abuse, harassment, intimidation, preventing someone access to a telephone during an emergency, secret recording/videotaping of the victim, sexual assault, stalking, unlawful imprisonment, use of the telephone to terrify and intimidate, and verbal threats. Notably, as you can tell from the list, the charges can relate to both acts of violence and threats of violence.
Arizona law specifies what types of relationships are eligible for a claim of domestic violence (more than one may apply):
- The victim and the defendant are married or were married in the past
- The victim and the defendant that lived together, or did in the past
- The victim and the defendant have a child together
- The victim or the defendant is pregnant by the other party
- The victim is related to the defendant (or the defendant’s spouse) by blood or court order (i.e., a parent, grandparent, child, grandchild, brother, or sister)
- The victim is related to the defendant (or defendant’s spouse ) by marriage (i.e., parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law)
- The victim is a child living with the defendant who is related (by blood) to a former spouse of the defendant or to a person who has lived in the same household as the defendant.
Romantic and sexual relationships can also be considered grounds for a domestic violence charge. In these cases, however, the determination isn’t automatic. Instead, it will depend on the following factors:
(a) The type of relationship
(b) The length of the relationship
(c) How frequently the victim and defendant interacted
(d) If the relationship ended, the length of time since its ending
Domestic violence charges bring unique penalties and consequences, ranging from misdemeanors to felonies, depending on the circumstances of the charges. For example, those arrested for domestic violence may have any guns in the home temporarily seized at the time of arrest, and, if convicted, they can no longer own firearms or ammunition.
Orders of Protection
Under Arizona state law, there are four types of protective orders (also known as restraining orders) available to victims of domestic violence. The first of these is an “order of protection.” Once the order is granted, the defendant cannot contact the plaintiff at home, work, or other locations included on the order. It can also require that the defendant vacate the home. The order may include other requirements, as well (e.g., the defendant must surrender all firearms). An order is good for one year after it has been served upon the defendant.
To obtain an order, a plaintiff must file a request with the court to obtain a judge’s approval. If the judge grants the request, then the law enforcement will serve the order on the defendant on the same day, and if that is not possible, within 72 hours.
The defendant has the right to object to the issuance of the order of protection. If they object, they must request a hearing in court to argue why the protection order should not be granted.
Emergency Orders of Protection (EOP)
If a person is eligible for a protection order (due to their relationship with the defendant), and they are in imminent danger, but if the court is closed, a plaintiff can get an emergency order of protection (EOP).
To do so, the plaintiff needs to call local law enforcement (via 911 an emergency or 411 for a non-emergency). Law enforcement will determine the nature of the threat and then can help the victim reach a judge for an emergency order. EOPs can be granted telephonically, 24-hours a day.
An EOP is only valid until the next day when the court is open for business or 72-hours after its granting (whichever is longer). At that point, the plaintiff must go to court and file for the standard order of protection.
Release Order
Those living in rural areas without after-hours court assistance can apply for a registered release order. This order must be registered within 24-hours after a defendant is released from custody after being arrested for domestic violence.
Injunction Against Harassment
An IAH is another type of restraining order, but it is only available to those who do not have a qualifying relationship required to obtain an order of protection. An IAH can be used a defendant from harassing or annoying others.
There is also a particular type of IAH, “injunction against workplace harassment” that an employer can obtain, which protects all of their employees from being harassed, under a single application.
If you are dealing with domestic violence, the first thing to do is make sure you’re physically safe. If you’re in imminent danger, call 911. (If you live with someone who is abusing you, or they have access to your computer or smartphone, we also recommend that you delete the browser history and cookies relating to any domestic-violence-related information. Do this after doing your research so as to not potentially warn anyone of your concerns.)
Colin Bell is a DUI and Criminal Defense attorney in Phoenix, Arizona. He is Of-Counsel with Stewart Law Group with offices throughout Arizona. The firm has helped many clients navigate the legal complexities of DUI and criminal defense.
