DV Disorderly Conduct Defense
An argument at home can lead to a DV disorderly conduct charge before you have time to think. We help you understand what the State has to prove and how the DV label affects you.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: Disorderly conduct under A.R.S. § 13-2904, designated as domestic violence under A.R.S. § 13-3601 because of your relationship with the other person.
- How it is classified: Usually a class 1 misdemeanor. The reckless weapon form in § 13-2904(A)(6) is a class 6 felony.
- Possible sentence: For the misdemeanor, up to 6 months in jail and a fine up to $2,500, plus required DV treatment (A.R.S. § 13-707(A), A.R.S. § 13-802(A), A.R.S. § 13-3601.01(A)).
- Where the case is heard: A misdemeanor is heard in a city (municipal) court or a justice court, depending on where it happened. The felony form is heard in Maricopa County Superior Court in downtown Phoenix.
- What to do now: Follow every release condition, including any no-contact order, even if the other person reaches out to you.
What the law says
Under § 13-2904(A), a person commits disorderly conduct if, "with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so," the person does one of these things:
- Engages in fighting, violent or seriously disruptive behavior
- Makes unreasonable noise
- Uses abusive or offensive language or gestures to a person present in a way likely to provoke immediate physical retaliation
- Makes a protracted commotion to stop a lawful meeting, gathering or procession
- Refuses a lawful order to disperse near a fire, hazard or other emergency
- Recklessly handles, displays or discharges a deadly weapon or dangerous instrument
Not every form can carry a DV label. Section 13-3601(A) lists only paragraphs 1, 2, 3 and 6 of § 13-2904(A). In a home argument, the claim is usually fighting or seriously disruptive behavior, or unreasonable noise. You can read more on our A.R.S. 13-2904 disorderly conduct page.
The DV designation also requires a covered relationship under § 13-3601(A):
- Married or formerly married, or living or having lived in the same household, which includes roommates
- Having a child in common, or one person pregnant by the other
- Related by blood or court order, such as a parent, grandparent, child, grandchild or sibling, or by marriage as an in-law or step-relative
- A child who lives or lived in the same household and is related by blood to a former spouse or a household member
- A current or past romantic or sexual relationship, judged by its type, length, frequency of contact and time since it ended
The charging papers must state that the offense involved domestic violence and be "designated by the letters DV" (§ 13-3601(H)). As the next section explains, that label does not change the class of the offense.
How it is classified
| Form under § 13-2904(A) | Class (§ 13-2904(B)) | Can be DV? |
|---|---|---|
| (1) Fighting, violent or seriously disruptive behavior | Class 1 misdemeanor | Yes |
| (2) Unreasonable noise | Class 1 misdemeanor | Yes |
| (3) Abusive language likely to provoke retaliation | Class 1 misdemeanor | Yes |
| (4) Disrupting a lawful meeting | Class 1 misdemeanor | No |
| (5) Refusing an order to disperse | Class 1 misdemeanor | No |
| (6) Reckless handling, display or discharge of a deadly weapon or dangerous instrument | Class 6 felony | Yes |
The DV label does not raise the class. An offense included in domestic violence "carries the classification prescribed in the section" that defines it (§ 13-3601(M)). But a third DV offense within 84 months can be charged as aggravated domestic violence, a class 5 felony under A.R.S. § 13-3601.02.
Possible penalties
For the misdemeanor forms, the maximum is six months in jail and a $2,500 fine. The court may also impose probation. On a misdemeanor DV conviction, § 13-3601.01(A) requires the judge to order you to complete a DV offender treatment program at an approved facility, and you pay the cost (§ 13-3601.01(C)). If you have a prior DV conviction within 60 months, the judge may order supervised probation with jail as a condition (§ 13-3601.01(B)).
The felony weapon form is different. For a first class 6 felony, A.R.S. § 13-702(D) sets a range of 0.33 to 2 years, with 1 year presumptive. If the offense is not dangerous, the court may enter it as a class 1 misdemeanor or leave it undesignated during probation (A.R.S. § 13-604(A)). If the State alleges and proves it as dangerous under A.R.S. § 13-704, prison is mandatory, from 1.5 to 3 years for a first offense.
Consequences beyond the sentence
- Your record. A set-aside under A.R.S. § 13-905 sets aside the judgment of guilt. You may petition to seal records under A.R.S. § 13-911 three years after completing the sentence for a class 1 misdemeanor (§ 13-911(E)). See our record sealing and set-aside page.
- Firearms. In Arizona, you are a prohibited possessor while serving probation for a DV offense (A.R.S. § 13-3101(A)(7)(d)). Federal law bars possession after a "misdemeanor crime of domestic violence" (18 U.S.C. § 922(g)(9)). That term requires an element of "the use or attempted use of physical force, or the threatened use of a deadly weapon," and a relationship on the federal list (18 U.S.C. § 921(a)(33)). Disorderly conduct can be committed without force, and the federal list does not include every Arizona relationship, so each case needs a close look.
- Immigration. Federal law lists a crime of domestic violence as a ground for removal (8 U.S.C. § 1227(a)(2)(E)). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work and family. A DV conviction can come up in background checks, custody disputes and orders of protection.
Avoiding jail is not the same as avoiding a conviction. A sentence of probation and treatment still leaves a DV conviction that can count toward a future felony.
How we defend DV disorderly conduct cases
- Intent or knowledge. The State must prove you intended to disturb the peace, or knew you were doing so. A heated private conversation may not meet that standard.
- The conduct itself. Was the noise unreasonable? Was the behavior seriously disruptive? Were the words likely to provoke immediate physical retaliation, or just angry?
- Self-defense. Under § 13-3601(B), an act of self-defense that is justified under Arizona law "is not deemed to be an act of domestic violence." Justification is governed by A.R.S. § 13-404.
- The relationship. The DV designation depends on a relationship listed in § 13-3601(A).
- The evidence. 911 recordings, body camera footage, neighbor statements and messages can show a different picture than the first report.
- Diversion and mitigation. Some DV cases may be eligible for diversion, depending on the court, the charge and your history. See our DV diversion page. Counseling you start on your own may also help in negotiations.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Yes. Section 13-3601(A)(1) covers "persons residing or having resided in the same household," which includes roommates. The DV label then brings the treatment requirement and other DV consequences.
An officer may arrest for domestic violence with probable cause, with or without a warrant (§ 13-3601(B)). Arrest is required in DV cases involving physical injury or a deadly weapon or dangerous instrument, unless the officer has reasonable grounds to believe "the victim will be protected from further injury."
Yes, on a misdemeanor DV conviction. Section 13-3601.01(A) requires the judge to order a DV offender treatment program, and you pay for it. A diversion program, if offered, may have its own requirements.
In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). If the State seeks jail, you may qualify for appointed counsel. You can also hire your own lawyer at any point.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-2904: Disorderly conduct; classification
- A.R.S. § 13-3601: Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-3601.01: Domestic violence; treatment; definition
- A.R.S. § 13-3601.02: Aggravated domestic violence; classification; definition
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-704: Dangerous offenders; sentencing
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-3101: Definitions
- A.R.S. § 13-404: Justification; self-defense
Cornell Legal Information Institute
Awards and ratings reflect the standards of the organizations that issue them. They do not predict the outcome of any case.
Hear What Our Clients Say
Across 67 Google reviews, plus Yelp and Avvo. These are clients’ own words, reproduced from our review profiles.
“These guys are the best attorneys in all of Arizona. It is definitely the most professional group of lawyers… I recommend this firm!”
“Sydney was extremely thorough regarding every single detail of my criminal case… it ultimately resulted in a clear and powerful win for my case.”
“They fought tirelessly for my case and helped me achieve a favorable outcome. Exceptional service and results.”
“The firm provided me with the most professional legal representation possible. Mr. Ryan Tait patiently explained… beyond my expectations.”
“The best law firm that I have ever dealt with. The amount of passion & commitment that they dedicated for my case… truly what separated them from other law firms.”
“Oh my goodness, our lawyer Ryan Tait was amazing. He does what he says he’s going to do. A very patient lawyer… He’s a miracle worker.”
“I was being charged with a few felony counts and facing a few years in prison… I made the best choice of my life calling this law firm.”
Past results do not guarantee a similar outcome.
Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
Free, confidential consultation: (480) 405-6767
Prefer not to call? Send us your case details and a member of our team will follow up with you.
Submitting a form or calling does not create an attorney-client relationship. Information on this page is general and is not legal advice about your case.