Legal Question in Criminal Law in Arizona

In order to be convicted of domestic violence pursuant to ARS 13-3601, the status of domestic violence must be alleged. The mere fact that a statute may qualify for the domestic violence designation does not mean that such violation is automatically a domestic violence offense, it must be alleged as such. There are a number of offenses that may be charged as domestic violence, such as assault, disorderly conduct,and criminal damage to name just a few. In each circumstance the state must allege that the offense is one of domestic violence.

Once an offense is designated as domestic violence then it is incumbant upon the state to provide evidence that supports the domestic violence status of the charge. ARS 13-3601 et. seq. defines what makes an offense domestic violence. A few of the necessary relationships permitting a designation of domestic violence include, parent/child, brother/sister, having a child in common and having resided together.

It is critical that the state allege the domestic violence status of the offense in order to convict someone of domestic violence, and then provide evidence that supports the allegation of domestic violence. So, if the indictment, trial record and the sentencing order are silent to the domestic violence designation pursuant to ARS 13-3601, it is not a domestic violence conviction.