A 49-year old Chandler man was arrested earlier this week and charged with stalking and ten counts of aggravated domestic violence.
According to police, the man allegedly stalked his former girlfriend in violation of an order of protection restricting contact with the ex-girlfriend. They say the events leading up to the arrest also included leaving 61 voicemails during a one-week period. Other contacts included personal confrontations and text messages.
Domestic violence in Arizona is defined in A.R.S. 13-3601, and includes certain offenses against those who once had a “romantic or sexual relationship.” It can involve homicide, assault, kidnapping, sexual offenses, trespass, criminal property damage, harassment, stalking and even disorderly conduct, among others. Aggravated domestic violence involves domestic violence committed on at least three occasions over a seven-year period. A.R.S. 13-3601.02.
In the Chandler case, the underlying allegation is stalking.
“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 the person’s 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.” [A.R.S. 13-2923A]
Both stalking and aggravated domestic violence are felonies under Arizona law.
We don’t know if the report we read on the case included all the charges against the man, but other charges are possible, including aggravated harassment, as the result of alleged violations of a restraining order (order of protection) which supposedly had been issued. Whatever the final outcome, the case points out the fact that a domestic violence offense need not be based upon physical violence. The charge can result, as in this case, from conduct such as telephone harassment, text messaging and the like.
If you have been charged with a domestic violence offense, call us today for a free, confidential consultation.
Law Offices of David A. Black
40 North Central Avenue #1400
Phoenix, AZ 85004