As HB2995 gives renewed attention to the treatment of domestic violence in Arizona family law cases, it’s important to remember the actual definitions of DV under Arizona law.
First, HB2995 adds a new category of DV, coercive control, that hasn’t previously existed under Arizona law:
M. FOR THE PURPOSES OF THIS SECTION:
1. “COERCIVE CONTROL” MEANS A PATTERN OF VIOLENT, THREATENING, COERCIVE OR EMOTIONALLY ABUSIVE CONDUCT BY ONE PARENT AGAINST THE OTHER, WITHOUT CONSENT OR JUSTIFICATION, INCLUDING ANY OF THE FOLLOWING:
(a) SEXUAL OR OTHER PHYSICAL ASSAULT.
(b) THREATENING TO KILL OR INJURE A PERSON, INCLUDING ONESELF, OR A HOUSEHOLD PET.
(c) DISPLAYING, ACCESSING, ASSEMBLING OR CLEANING A FIREARM OR OTHER DANGEROUS WEAPON IN THE OTHER PARENT’S PRESENCE, IF THE CIRCUMSTANCES IMPLY THAT WEAPON’S THREATENED USE IN VIOLATION OF STATE OR FEDERAL LAW.
(d) CONFINEMENT OR OTHER RESTRAINING WORDS OR ACTIONS TO RESTRICT THE OTHER PARENT’S FREEDOM OF MOVEMENT OR LAWFUL ACTIVITY.
(e) ISOLATION FROM FRIENDS AND FAMILY.
(f) MONITORING OR REGULATING FINANCIAL ACTIVITY, ECONOMIC RESOURCES OR ACCESS TO SERVICES.
(g) STALKING OR HARASSMENT.
(h) DEMEANING, DEGRADING OR HUMILIATING WORDS OR ACTIONS.
(i) THREATENING TO PUBLISH SENSITIVE INFORMATION, INCLUDING SEXUALLY EXPLICIT MATERIAL, OF THE OTHER PARENT OR MEMBER OF THE OTHER PARENT’S FAMILY.
(j) THREATENING TO MAKE REPORTS TO LAW ENFORCEMENT.
(k) THREATENING, INITIATING OR USING CIVIL LITIGATION, INCLUDING PROCEEDINGS UNDER THIS TITLE OR SECTION 13-3602, TO DO EITHER OF THE FOLLOWING:
(i) FORCE THE OTHER PARENT TO DEFEND AGAINST A LEGAL CLAIM THAT IS FALSE OR FRIVOLOUS.
(ii) REGULATE OR RESTRICT THE OTHER PARENT’S LAWFUL OR CONSTITUTIONALLY PROTECTED ACTIVITY. [Writer’s note: a threat to file a civil lawsuit to restrict a person’s parenting time is now coercive control/ DV.]
(l) DAMAGING PROPERTY OWNED OR LAWFULLY POSSESSED BY THE OTHER PARENT OR MEMBER OF THE OTHER PARENT’S FAMILY.
(m) BY ACT OR CONSCIOUS OMISSION, JEOPARDIZING THE IMMIGRATION STATUS OF THE OTHER PARENT OR A MEMBER OF THE OTHER PARENT’S FAMILY. (n) FORCING THE OTHER PARENT TO COMMIT A CRIME AGAINST THE OTHER PARENT’S STATED WISHES.
(o) USING SURVEILLANCE OR TRACKING TECHNOLOGY TO FACILITATE OR AGGRAVATE ANY OF THE BEHAVIORS LISTED IN THIS PARAGRAPH.
And the revisions retain the original definitions of DV by referring to Arizona’s criminal statute definition of domestic violence, which is ARS 13-3601A.
- “Domestic violence” means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623 . . . . .
Violations of these statutes are “domestic violence” based on the relationship between the perpetrator and the victim. The following relationships may create domestic violence situations:
1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.
As the laundry list of criminal violations in 13-3601 requires that we look up all those other statutes to determine what actions make up domestic violence, here’s a cheat sheet list of those other statutes, as an easier way to determine the statutory definition of “domestic violence”.
ARS §13-3601 defines domestic violence as a violation of any of the following statutes:
13-705 sexual assault of a minor
13-1102 negligent. homicide
13-1103 manslaughter
13-1104 2nd degree murder
13-1105 1st degree murder
13-1201 endangerment
13-1202 threatening or intimidating
13-1203 assault
13-1204 aggravated assault
13-1302 custodial interference
13-1303 unlawful imprisonment
13-1304 kidnapping
13-1406 sexual assault
13-1425 unlawful distribution of images
13-1502 criminal trespass 3rd degree
13-1503 criminal trespass 2nd degree
13-1504 criminal trespass 1st degree
13-1602 criminal damage
13-2810 interfering with judicial proceedings
13-2904, subsections A, paragraph 1, 2, 3 or 6 are: disturbing in the peace by fighting, violent or disruptive behavior; unreasonable noise; abusive or offensive language, reckless display of firearm
13-2910, subsection A, paragraph 8 or 9, are: cruel neglect or abandonment of an animal with serious injury or cruel mistreatment of an animal
13-2915, subsection A, paragraph 3 is to prevent or interfere with use of a telephone in an emergency
13-2916 electronic communication to terrify intimidate threaten or harass
13-2921 harassment
13-2921.01 aggravated harassment
13-2923 stalking
13-3019 surreptitious photography or viewing
13-3601.02 aggravated domestic violence (defined as the 3rd DV offense with conviction within 84 months)
13-3623 child or vulnerable adult abuse
See Part 5 of this post for a discussion of what DV offender treatment programs must provide in order to rebut a finding of DV.