Arizona Penalties for Filing False Domestic Violence Claims

By Daniel B. Kaiser

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Criminal Defense

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Last Modified on Oct 09, 2025

Arizona is a wonderful place to live for adventurous couples. Hiking down the Grand Canyon, exploring the Desert Botanical Garden, dome glamping in the desert, and exhilarating hot air balloon tours are all great opportunities for couples to reconnect. However, if feelings fade and you find yourself facing domestic violence accusations, it’s important to understand the Arizona penalties for filing false domestic violence claims.

Contact The Kaiser Law Group

Being falsely accused of domestic violence can have a lasting, negative impact on your personal and professional life. At The Kaiser Law Group, we have years of experience handling domestic violence cases and understand the sensitivity and complexity that these cases require.

Domestic Violence in the United States

Domestic violence is a serious problem throughout the United States. The Bureau of Justice Statistics (BJS) distinguishes between intimate partner violence and domestic violence:

• Intimate partner violence occurs between a current or former spouse or significant other.
• Domestic violence is committed by a family member or intimate partner.

According to the BJS, in 2024, there were 782,900 intimate partner violence incidents and 1,110,040 domestic violence victimizations in the United States. In Arizona, domestic violence is a tag crime used to identify crimes committed involving individuals who pass the relationship test. Relationships that pass the test include:

• Current spouse
• Former spouse
• Children you have in common
• If you are pregnant with your partner’s child
• Related by blood
• Related by marriage
• Currently cohabitating
• Formerly cohabitating
• Currently dating or in a sexual relationship
• Formerly dating or in a sexual relationship

Prevalence of False Accusations of Domestic Violence

False accusations of domestic violence can have serious repercussions, even if the accusations are later dismissed. A survey conducted in 2023 by the research company YouGov found that:

• 23% of those surveyed knew someone who had been falsely accused of domestic violence
• 71% of those falsely accused were men
• 58% of the false accusation claims were made by women

The same survey looked at rates of false allegations of child abuse, domestic violence, and sexual abuse across multiple countries. The results found false allegation rates of:

• 19% in India
• 10% in Australia
• 10% in the United States
• 8% in Canada
• 7% in Argentina
• 4% in the United Kingdom
• 4% in Poland
• 4% in Spain

What You Should Do if You Are Falsely Accused of Domestic Violence

Facing false allegations of domestic violence can be overwhelming. Even if the charges are later dismissed or you fight and win the case in court, you are likely to face social stigma and strained personal relationships.

Many employers are also quick to distance themselves from employees who are accused of interpersonal crimes, especially those involving domestic violence. It is challenging to face a potentially long and costly court battle. Taking actions from the beginning can help:

• Secure a knowledgeable Arizona domestic violence defense attorney: You need to act quickly when facing false allegations. In such an emotionally charged situation, it is recommended to seek skilled legal counsel who can guide you to make rational, informed decisions.
• Gather evidence to defend yourself: Document everything you can about the incident and any interactions or repercussions you face after the accusations. Keep copies of all official records, social media posts, private messages, and photos or videos.
• Keep your evidence somewhere safe: Do not share your evidence with just anyone. Share only with your experienced Arizona domestic violence defense attorney, who can review your evidence and work on your defense.

FAQs About Arizona Penalties for Filing False Domestic Violence Claims

What Are False Allegations of Domestic Violence?

A false allegation of domestic violence occurs when an individual reports that they have been the victim of domestic violence, knowing that the allegations are untrue. In some cases, false allegations of domestic violence are used as a tool during divorce proceedings or during custody battles. In other incidents, allegations are made out of jealousy, to seek revenge, or to garner attention or sympathy.

If I’m Falsely Accused of Domestic Violence, Can the Accuser Retract the Charges in Arizona?

In Arizona, once accusations have been officially made, the alleged victim does not have the power to retract the charges. Once accusations are made, the prosecutor decides if charges should be brought.

If there is insufficient evidence to warrant pressing charges, the prosecutor may drop them if the alleged victim is uncooperative or appears to be untruthful. The alleged victim’s desire for the charges to be dropped may influence whether the prosecutor offers a plea agreement or diversion programs.

Should I Agree to a Diversion Program if Falsely Accused of Domestic Violence?

No, you should not agree to participate in a diversion program if you have been falsely accused of domestic violence. Although completion of a diversion program can lead to the charges being dismissed, you are required to plead guilty to the charges.

Even if the charges are dismissed, you could still face challenges getting the charges removed from your criminal record. It is always advisable to speak with a domestic violence defense lawyer before agreeing to anything.

What Is the Legal Punishment for False Accusations?

False accusations are covered in Arizona Revised Statutes 13-2907, which classifies knowingly making a false report to the police as a class 1 misdemeanor. Making a subsequent false report to police is classified as a class 6 felony. If the false accusations are made while the accuser is under oath, they are guilty of perjury under Arizona Revised Statutes 13-2702, which is classified as a class 4 felony.

Can I File a Civil Case After Being Falsely Accused of Domestic Violence?

Yes, you can file charges against your accuser in civil court after false accusations of domestic violence. If your reputation was damaged because of the false accusations, you could file defamation charges for libel or slander. If the false accusations followed a different criminal charge in which the falsely accused was victorious, there may be grounds for a malicious prosecution claim. You can file for economic, non-economic, and punitive damages.

Hire a Domestic Violence Defense Lawyer

When you’ve been accused of domestic violence, you need to hire a domestic violence defense lawyer with experience navigating the legal complexities and emotional trauma involved in a domestic violence case. Contact The Kaiser Law Group today for a confidential consultation.