13-3601. Domestic violence; definition.

A. "Domestic Violence" means any act which is a dangerous crime against children as defined in section 13-604.01 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13- 2904, subsection A, paragraph 1, 2, 3, 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923 or 13-3623, if any of the following apply:

1. The victim:

(a) Is the spouse or former spouse of the defendant.

(b) Is the parent of a child of the defendant.

(c) Is pregnant by the defendant.

(d) Resides or having resided in the same household of the defendant.

2. The victim is related to the defendant or the defendant's spouse by blood as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in- law, grandparent-in-law, stepchild, step-grandchild, brother-in-law or sister-in-law.

B. A peace officer may, with or without a warrant, arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether such offense is a felony or a misdemeanor and whether such offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether such offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection.