When domestic violence allegations arise in Arizona, law enforcement is often required to make an arrest—even if the alleged victim does not want to press charges. Under Arizona law, officers must arrest a suspect if they have probable cause to believe domestic violence has occurred. This mandatory arrest policy leaves little room for officer discretion, making it critical for those accused to seek immediate legal guidance from a Flagstaff domestic violence defense lawyer.
At Griffen & Stevens Law Firm, PLLC, our experienced domestic violence defense lawyers understand how these laws impact individuals facing domestic violence accusations. We provide comprehensive legal support, ensuring clients know their rights and options under Arizona’s strict arrest requirements. Below, we explore how mandatory arrest laws work, what happens after an arrest, and why securing skilled legal representation is essential.
Understanding Arizona’s Mandatory Arrest Laws for Domestic Violence
Arizona’s mandatory arrest laws were designed to protect victims by removing alleged offenders from the situation immediately. Under ARS § 13-3601, if an officer has probable cause to believe domestic violence occurred, they must arrest the primary aggressor—even if the victim recants or refuses to cooperate.
Key Elements of Arizona’s Mandatory Arrest Policy
- Probable cause is the threshold for arrest. Officers do not need absolute proof, just reasonable belief that domestic violence occurred.
- No victim consent required. Even if the alleged victim does not want charges filed, police can proceed with an arrest.
- Primary aggressor determination. Officers must assess who was the main instigator in the altercation.
- Limited discretion. Unlike some crimes where police can issue citations instead of arrests, domestic violence cases typically require custody.
This strict approach means that misunderstandings, false accusations, or heated arguments can still lead to an arrest. Consulting a Flagstaff domestic violence defense lawyer early in the process can help protect your rights.
When Must Police Make an Arrest in Domestic Violence Cases?
Under Arizona law, domestic violence encompasses a wide range of offenses—including assault, threats, harassment, and property damage—between individuals in a domestic relationship. Officers are required to make an arrest if they observe:
- Physical evidence of violence. Bruises, scratches, broken items, or other signs of a physical altercation can establish probable cause.
- Witness statements or 911 calls. Even if the alleged victim changes their story at the scene, initial statements or emergency calls can justify an arrest.
- Violation of an existing protective order. If a restraining order was in place and the accused allegedly violated it, arrest is almost certain.
- Admission of guilt by the suspect. Anything said to police can be used against the accused, which is why remaining silent and requesting a lawyer is crucial.
Because officers have limited discretion, an arrest does not always mean charges will be filed—but it does trigger immediate legal consequences.
What Happens After a Domestic Violence Arrest in Arizona?
After an arrest, the legal process moves swiftly—arraignment, protective orders, and plea negotiations often unfold within days. A skilled Flagstaff domestic violence defense attorney can guide defendants through each stage, protecting their rights while building a strategic defense to challenge the charges or minimize penalties.
1. Booking and Initial Court Appearance
After arrest, the suspect is booked into jail and must appear before a judge within 24 hours for an initial hearing. The judge may set bail or release conditions.
2. Issuance of a Protective Order
In most cases, the court will issue an Order of Protection, barring the accused from contacting the alleged victim. Violating this order leads to additional charges.
3. Prosecution Review and Possible Charges
The prosecutor decides whether to file formal charges based on police reports, witness statements, and evidence.
4. Arraignment and Plea Options
If charged, the defendant must enter a plea (guilty, not guilty, or no contest). A skilled defense lawyer can negotiate for reduced charges or dismissal if evidence is weak.
5. Trial or Resolution
Many cases resolve through plea bargains, but if the evidence is disputed, a trial may be necessary.
Common Defenses in Domestic Violence Cases
A strong legal defense can challenge the prosecution’s case. Possible strategies include:
- Lack of probable cause for arrest. If police acted without sufficient evidence, the arrest may be unlawful.
- Self-defense or defense of others. If the accused was protecting themselves or someone else, charges may be reduced.
- False allegations. Disputing credibility or proving ulterior motives (such as custody disputes) can weaken the case.
- Insufficient evidence. Without witnesses, injuries, or corroborating proof, charges may not hold.
Each case is unique, which is why consulting a Flagstaff domestic violence defense lawyer is critical to building the best defense.
Why You Need a Skilled Domestic Violence Defense Attorney
Facing domestic violence charges can upend your life, affecting employment, family relationships, and personal freedom. The attorneys at Griffen & Stevens Law Firm, PLLC, have extensive experience defending clients against these serious allegations. We thoroughly investigate each case, challenge weak evidence, and work toward the best possible outcome—whether through dismissal, reduced charges, or acquittal.
If you or a loved one has been arrested under Arizona’s mandatory domestic violence laws, contact our Flagstaff domestic violence defense lawyers today for a confidential case evaluation.