Domestic Violence Laws in Arizona
Most people think domestic violence only occurs between a husband and wife or those in a romantic relationship. While a crime between a husband and wife would certainly qualify as “domestic violence,” many people are surprised to learn that the crime of “domestic violence” under Arizona law includes a far broader range of disputes beyond those between family members or romantic partners.
In fact, a dispute does not even have to be physical fight to qualify as “domestic violence” under Arizona Domestic Violence laws. What’s worse, is that many police and local prosecutors throughout Arizona charge domestic violence when a crime is alleged to have occurred between roommates. If you require assistance in such cases, do not hesitate to contact our Phoenix roommate domestic violence defense attorneys at Feldman Royle Ahl.
Proving Domestic Violence in Arizona:
Under Arizona’s domestic violence law, “domestic violence” is not a standalone crime, but instead an allegation that is associated with an underlying crime. This means that in order for a defendant to be charged with domestic violence two conditions must be met:
- commit one of the underlying crimes listed in the DV statute,
- the defendant and victim must have a qualifying relationship. A.R.S. § 13-3601.
Concerning the first requirement, crimes commonly charged between roommates by Arizona law enforcement that fall within the purview of the statute include:
- Simple Assault
- Aggravated Assault
- Disorderly Conduct
- Criminal Damage
- Criminal Trespass
- Interfering with judicial proceedings
Regarding the second requirement, the relationship between the defendant and victim qualifies if the relationship is one of marriage or former marriage or of persons residing or having resided “in the same household.” Relying on the “household” portion of the statute, police often charge and prosecutors typically approve, a charge of domestic violence in fights and disturbances between roommates.
Unfortunately, in Arizona whether a roommate qualifies as domestic violence is not clear. But, while the courts have yet to determine the applicability of roommates to a DV qualifying relationship, it appears that a more careful reading of the existing domestic violence law, the actual statute and the legislative intent lead to the conclusion that roommates are not a qualifying relationship.
This is why being charged with roommate domestic violence in Arizona requires immediate legal action. A Phoenix roommate domestic violence attorney at Feldman Royle Ahl can challenge whether the qualifying relationship element is met, whether the underlying charge is supportable, and whether law enforcement followed proper procedures. Call (602) 899-8000 for a free consultation.
Two Reasons Roommate Domestic Violence Should Not Qualify as a Domestic Relationship:
- People who merely reside together as roommates are not members of the same “household” under Arizona law and therefore fall outside the meaning of the domestic violence statute.
By charging roommate domestic violence in an incident between people that merely live together, the State wrongfully assumes that roommates satisfy the domestic violence statute’s relationship element simply because they reside in the same “household.” However, the term “household” has a distinct legal meaning under Arizona law, and a household is not formed merely because two people share the same living quarters. Moreover, Arizona courts have said that individuals who reside together as roommates do not constitute a household. Mendota Ins. Co. v. Gallegos, 232 Ariz. 126, 130, ¶¶ 12-14, 302 P.3d 651, 655 (App. 2013). Arguably, because the relationship between roommates does not constitute a “household,” it does not satisfy the domestic violence statute’s relationship element, and therefore should not be a basis to bring domestic violence charges.
- The domestic violence statute’s construction demonstrates that the Legislature intended a specific meaning for “household” distinct from simply sharing of living space.
If the Legislature intended the crime of domestic violence to apply to relationships between persons residing in the same “home,” “abode,” or “residence,” it certainly knew how to widen the statute’s umbrella. Instead, the Legislature chose the term “household,” which has a distinct meaning under Arizona law, evidencing the Legislature’s intent to include a relationship distinct from that of individuals who merely share living quarters.
The legislature did not contemplate a mere roommate relationship when using the term “household” in the domestic violence statute. “Where the legislature uses a term within one statute and excludes it from another, the term usually will not be read into the provision from which it was excluded.” City of Flagstaff v. Mangum, 164 Ariz. 395, 398, 793 P.2d 548, 551 (1990). In contrast to the use of “household” in the definition of domestic violence, in the same chapter of the criminal code the Legislature employs terms such as “home” and “abode” (in the definition of “dependent person” in A.R.S. § 13-3612), and the term “residence” (in 13-3602(G)(2)).
Trusted Phoenix Roommate Violence Lawyers
If you’re facing charges related to roommate violence in Phoenix, the experienced Phoenix Roommate Violence attorneys at Feldman Royle Ahl are here to help. We understand the complexities of domestic disputes and how easily misunderstandings can escalate. Our legal team will carefully assess your case, protect your rights, and fight to achieve the best possible outcome. Trust Feldman Royle Ahl to provide aggressive, strategic defense when it matters most.
Frequently Asked Questions
Can a roommate be charged with domestic violence in Arizona?
Yes. Under ARS § 13-3601, roommate domestic violence in Arizona is charged when a crime occurs between people who reside or have resided in the same household. This means a dispute between roommates – even without a romantic relationship – can result in a domestic violence charge with the same serious consequences as family-based domestic violence, including mandatory arrest, jail time, and a permanent criminal record. If you have been charged, contact a Phoenix roommate domestic violence defense attorney at Feldman Royle Ahl at (602) 899-8000 for a free consultation.
What is the law on roommate domestic violence in Arizona under ARS 13-3601?
Under ARS § 13-3601, roommate domestic violence in Arizona is not a standalone crime – it is a designation applied to an underlying offense such as assault, criminal damage, or disorderly conduct when the defendant and victim share or have shared the same household. Arizona law treats roommate relationships as qualifying domestic relationships, meaning the full weight of the state’s domestic violence statutes applies – including mandatory prosecution policies and enhanced penalties.
What are the penalties for roommate domestic violence in Arizona?
The penalties for roommate domestic violence in Arizona depend on the underlying charge. A misdemeanor domestic violence conviction can result in up to 6 months in jail, fines, mandatory counseling, and probation. A felony conviction carries potential prison time of 1 year or more. Beyond criminal penalties, a domestic violence conviction under ARS § 13-3601 triggers a lifetime federal prohibition on firearm possession, can affect housing applications, professional licenses, and immigration status. Contact a Phoenix roommate domestic violence defense attorney at Feldman Royle Ahl at (602) 899-8000 to understand your full exposure.
Do I need a Phoenix attorney for roommate domestic violence charges?
Yes. Roommate domestic violence in Arizona carries serious and long-lasting consequences – including jail time, loss of gun rights, and impacts on employment and housing. While you have the right to represent yourself, working with a Phoenix roommate domestic violence defense attorney significantly improves your chances of a favorable outcome. At Feldman Royle Ahl, we can challenge the qualifying relationship element under ARS § 13-3601, contest the underlying charge, and fight for a dismissal or reduction. Call (602) 899-8000 for a free consultation.
Can a roommate’s domestic violence charges in Arizona be dismissed?
Yes. Roommate domestic violence charges in Arizona can be dismissed or reduced depending on the facts of your case. Common grounds include insufficient evidence of the underlying offense, failure to establish a qualifying household relationship under ARS § 13-3601, self-defense, false accusation, or procedural errors by law enforcement. A Phoenix roommate domestic violence defense attorney at Feldman Royle Ahl will review every aspect of your case and identify the strongest path to dismissal or reduction. Call (602) 899-8000 for a free, confidential consultation.
