Arizona Divorce Lawyers | Child Custody | Division of Property

Domestic Violence

We have all heard of domestic violence but few can define it, below are some signs you are a victim of domestic violence.
If your partner repeatedly uses one or more of the following to control you;

• pushing, hitting, slapping, choking, kicking, or biting
• threatening you, your children, other family members or pets
• threatening suicide to get you to do something
• using or threatening to use a weapon against you
• keeping or taking your paycheck
• puts you down or makes you feel bad
• forcing you to have sex or to do sexual acts you do not want or like
• keeping you from seeing your friends, family or from going to work

If you feel that you are in danger, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233)
OR
IF YOU HAVE BEEN A VICTIM OF DOMESTIC VIOLENCE CONSIDER CALLING THE POLICE.

The most powerful legal tool for stopping domestic violence is the temporary restraining order (TRO). A TRO is a decree issued by a court that requires the perpetrator to stop abusing you. The order may require, for example, that the perpetrator stay away from the family home, where you work or go to school, your children's school and other places you frequent (such as a particular church). The order will also prohibit further acts of violence.

Even before you file for divorce you can file for an Order of Protection with the court. If you are in the divorce process there are further protections available through the court.  Filing for a divorce does not mean that you have to disclose your address, for example, you would file a Request for a Protected Address which protects your address from everyone except the court and your attorney (should you hire one).  All paperwork relating to legal matters would list in the address portion of the pleadings, “address protected”.

Below is some information about the laws in Arizona.

Arizona Stalking Information and Resources
Statewide Hotline: 800-782-6400
Arizona Stalking Laws

§ 13-2923. Stalking; classification; definitions. Amended 2001.

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:

1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for their safety or the safety of that person's immediate family member.
2. Would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person or that person's immediate family member.

B. Stalking under Subsection A, Paragraph 1 of this section is a class 5 felony. Stalking under Subsection A, Paragraph 2 is a class 3 felony.

C. For the purposes of this section:

1. "Course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.
2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person's household within the past six months.

§ 13-2921. Harassment; classification; definition. 1998.

A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:

1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveys or causes another person to surveys a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
6. Interferes with the delivery of any public or regulated utility to a person.

B. A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.

C. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.

D. This section does not apply to an otherwise lawful demonstration, assembly or picketing.

E. For purposes of this section, "harassment" means conduct directed at a specific person which would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.

§ 13-2921.01. Aggravated harassment; classification; definition. 1998.

A. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and any of the following applies:

1. A court has issued an order of protection or an injunction against harassment against the person and in favor of the victim of harassment and the order or injunction has been served and is still valid.
2. The person has previously been convicted of an offense included in section 13-3601.

B. The victim of any previous offense shall be the same as in the present offense.

C. A person who violates subsection A, paragraph 1 of this section is guilty of a class 6 felony. A person who commits a second or subsequent violation of subsection A, paragraph 1 of this section is guilty of a class 5 felony. A person who violates subsection A, paragraph 2 of this section is guilty of a class 5 felony.

D. For the purposes of this section, "convicted" means a person who was convicted of an offense included in section 13-3601, who had judgment deferred pursuant to section 13-3601, subsection M or who was adjudicated delinquent for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult for an offense included in section 13-3601.