Domestic Violence - Legal Definition vs Common Misconceptions
When it comes to domestic violence charges, there seems to be confusion about (1) who can be charged with domestic violence, and (2) how the law defines domestic violence.
The "who" of domestic violence is complicated by the assumption that domestic violence implies physical violence between a husband and wife. However, the term "family violence" has begun to replace the term domestic violence in some literature and research. This phrase is a new expanded term that includes a wide array of individuals under the umbrella of "family." Virtually any two people who are or have been connected in an intimate manner - are now "eligible" to be charged with a crime of domestic violence given the right circumstances.
Legally, domestic violence has to do with relationships: by blood, by marriage or former marriage (in-laws), shared residence (former roommates, current roommates, including same sex relationships).
And this includes couples who have a child in common/or are expecting a child, even stepchildren are included. Siblings, children and parents all can be charged with domestic violence.
• In Arizona during 2004 there were 80 deaths associated with domestic violence.
• Every 5 minutes a police officer responds to a domestic violence call.
• During 2005 the Gilbert Police Department has 1,419 domestic violence calls for service, resulting in 210 arrests.
• In 160 cases only the male was arrested, in 39 cases only the female was arrested, and in 11 cases both were arrested.
(GYAR Uniform Law Enforcement Domestic Violence Statistical Report)
To read more about ARS 13-3601 and 13-3602 visit the State Legislative Website.
The "how" of the legal definition of domestic violence is more obscure than the "who"? The phrase domestic violence brings to mind images from movies like the "Burning Bed." Once again, this is a misconception. Violence can take many forms - psychological, emotional, sexual, physical, or economic. And, what about subtle forms of abuse such as coercion, threats, and intimidation? Yes, they all are forms of domestic violence. Breaking the phone to prevent calls to the police is criminal damage - domestic violence. This means the charge is treated as a domestic violence incident even if the victim was never touched by their partner.
Often clients have been referred by court for domestic violence counseling and the first words we hear are: "I've never hit my partner." "Domestic violence" means attempting to cause or causing bodily injury to a family or household member or placing a family or household member by threat of force in fear of imminent physical harm. This definition comes from the Arizona Revised Statues found at the State Legislative Website.