In order to combat the novel COVID-19 virus, health officials around the world are advising people to wear masks, maintain social distancing, and stay home whenever possible. But these guidelines have allowed another virus to fester and spread. Domestic violence.

Domestic violence can take several different forms. Although popularly thought as just when one partner hits another, domestic violence is not always physical. It can take the shape of sexual, verbal, emotional, or even financial abuse. With such variety, identifying domestic violence can be tricky. The prime indicator of domestic violence is a pattern of one partner taking power and control over the other. This pattern is not limited to any one gender, race, economic situation, or upbringing. As a result, it is hard to isolate and prevent.

Arizona had a Domestic violence problem far before the COVID-19 virus took a chokehold on the state. In Arizona from 2001-2010, when controlling for population, arrests for domestic violence aggravated assault increased 82%. Now each year around 100 people are killed as a result of domestic violence. In a stunning statistical study, the Centers for Disease Control and Prevention estimated that about 40% of people in Arizona had been subject to domestic abuse. COVID-19 has only made the prevalence of abuse worse.

Impact of COVID-19

COVID-19 has added another tool to the abuser’s arsenal. By spreading misinformation about the virus or virus restrictions, victims may be too terrified to seek medical attention or be unaware of their ability to leave their home. Apart from the easier controlling methods, opportunities for domestic violence have risen.

People are now advised to remain constrained to their homes. This means space away from a domestic partner is minimal or even nonexistent. That lack of space adds to tensions already present in a relationship and heightens emotions. Frustrations from an inability to engage in the activities that may have been an outlet also increase. Adding those tensions and frustrations to the fact that alcohol consumption during the lockdown is booming and you have potent domestic violence cocktail.

As a result, Arizona has seen their domestic violence calls rise through the lockdown. In the first two weeks of April, Phoenix Police saw calls go up by 15%. Making this rise scarier, the Arizona domestic violence coalition has had fewer clients come into their resource centers and attending programs. This suggests that with the stay at home orders in place, victims are afraid to leave their home or are being prevented from doing so. No longer able to access the resources they may need to escape their hostile situation. Because domestic violence is more common than ever, more domestic violence charges are being brought. Therefore, it is important to understand the consequences for people accused of domestic violence.

Consequences of Domestic Violence During COVID-19

COVID or no COVID, the law still is still the law. It still applies to you. Law enforcement will not hesitate to arrest you, take you from your home, and throw you in jail. Stay at home order be damned.

Although courts may have slowed in processing other cases, those accused of violent offenses – like domestic violence – are still having their cases move forward. Convicting someone for a domestic violence offense in Arizona is unique; there is no specific statute that outlaw’s domestic violence.

Instead, under A.R.S. § 13-3601, an offense can receive a designation as a domestic violence offense if a certain relationship between the accused and the victim exists. That relationship must be considered a “domestic relationship.” If there is a “domestic relationship,” then a crime perpetrated against the victim by their domestic partner may have domestic violence added onto the original charge. So, when is a relationship considered domestic? A.R.S. § 13-3601 answers that by holding the following conditions:

• 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;
• The victim and the defendant have a child in common;
• The victim or the defendant is pregnant by the other party;
• 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;
• 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; or
• 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:
• The type of relationship;
• The length of the relationship;
• The frequency of the interaction between the victim and the defendant; and
• If the relationship has terminated, the length of time since the termination.

So, when a domestic violence charge has been added to your case, what penalties are you potentially facing? Typically, domestic violence is charged as a class 1 misdemeanor. These class 1 misdemeanors can result in six months in jail, large fines, probation, and required completion of counseling and domestic violence programs.

Moreover, in most cases, after being arrested and charged with domestic violence, you will be informed that you are not allowed to return to the scene of the crime and from communicating with the victim. This often means you cannot go home or speak with the parent of your child. That forbidding from returning home results in the alleged abuser incurring a large financial burden because of having to find somewhere else to stay. Additionally, when arrested for domestic violence you may face exposure to COVID-19. Currently, Arizona is one of the global hotspots for the virus. Jails are normally a petri dish for diseases. With the highly infectious COVID-19 running rampant, exposure in jail is therefore extreme and costly.

For repeat domestic violence offenders, the punishments are even harsher. A domestic violence charge becomes an aggravated domestic violence charge when you are accused of domestic violence more than once in seven years or within 84 months of a domestic violence conviction. A first time aggravated domestic violence convict can receive penalties that include lengthy prison time, thousands in fines, requirement of entering counseling programs, and potentially probation, community service, and/or restitution to the victim.

Second time aggravated domestic violence convicts lose eligibility for probation, pardon, or sentence suspension or reduction, or release until having served four months in jail. For your third or more aggravated domestic violence charge, this loss of eligibility remains in place until serving eight months in jail.

Let Us Help

An accusal of domestic violence can result in a very serious felony conviction that can carry a sentence of incarceration. Fighting a domestic violence charge requires a team of highly experienced lawyers to ensure you receive the best results possible. Let Surprise Criminal Lawyer’s criminal lawyers and their knowledge of Arizona’s domestic violence law guide you through the process. The legal battle ahead will be led by strong representation and diligence.