When a Survivor of domestic violence finally finds the courage to escape, one of the most common questions we hear is: “Is he still in jail?” Sadly, far too often, the answer is no. Abusers are frequently released quickly, sometimes even within hours of being arrested, leaving Survivors terrified, vulnerable, and uncertain about their safety.

This reality highlights a painful truth: domestic violence is not taken seriously enough.

Why Domestic Violence Should Be Classified as a Felony

Domestic violence is often treated as a misdemeanor, even when it involves repeated physical assaults, threats, and patterns of coercive control. This sends a dangerous message that abuse is a “lesser crime” when, in fact, it destroys lives, families, and entire communities.

If the law classified domestic violence as a felony offense, it would more accurately reflect the severity of the crime and create stronger protections for Survivors. Felony charges could mean longer sentences, more accountability, and a justice system that recognizes the true danger abusers pose.

Weapons and Domestic Violence: A Deadly Combination

One of the most alarming realities is that abusers often retain access to weapons, even when domestic violence is suspected. Research shows that when an abuser has access to a firearm, the risk of homicide increases by over 500%. Survivors should never have to live with the constant fear that their abuser could escalate violence with a weapon.

Stronger laws must be in place to ensure abusers do not have access to firearms when domestic violence is involved. Safety should always outweigh convenience or outdated loopholes.

Protecting Children: Supervised Visits Only

Another overlooked factor is the safety of children. Too often, abusers are granted unsupervised visitation rights even after documented incidents of domestic violence. This places children in direct harm and continues the cycle of fear and control.

When domestic violence is a factor, abusers should only have supervised visits with children. Courts must prioritize the emotional and physical safety of children over an abuser’s “parental rights.” Survivors and their children deserve peace of mind, not further trauma.

What Needs to Change — Policy Demands & Reforms

1. Reclassify Domestic Violence as a Felony by Default

Rather than treating many DV cases as misdemeanors, the law should establish that any credible act of domestic violence (especially involving assault, threat, or coercion) is a felony offense. This would:

• Reflect the true severity and harm of abuse

• Enable stronger penalties, longer supervision, and greater deterrence

• Signal to law enforcement and courts that DV is not a “lesser” crime

2. Ban Abusers’ Access to Weapons Immediately

If domestic violence is suspected (not just after conviction), law enforcement should have authority to:

• Seize firearms immediately upon response if present and reasonably believed to endanger the Survivor

• Ensure criminal and civil orders of protection explicitly prohibit firearm possession and mandate surrender or storage

• Maintain strict enforcement to prevent abusers from reclaiming firearms until full judicial clearance

Arizona already allows courts to include firearm restrictions in protective orders, but enforcement and legal reach must be stronger. WomensLaw.org

3. Require Supervised Visitation When DV Is a Factor

In any domestic violence case involving children:

• Default to supervised visitation unless courts can clearly demonstrate no risk

• Make it the burden of the abuser to prove they are safe, rather than forcing Survivors to prove danger

• Monitor and evaluate visitation consistently, with revocation if concerns arise

• In high-risk cases, restrict or suspend visitation entirely

4. Strengthen Enforcement, Oversight & Accountability

• Mandate specialized domestic violence training for police, prosecutors, judges, and family court staff

• Ensure that protective orders are promptly entered, served, and enforced

• Increase transparency and data tracking (how many abusers arrested, released, re-arrested)

• Create oversight units to audit cases where abusers are released or allowed unsupervised child access

5. Support Survivor Advocacy & Resources

• Guarantee legal aid and representation for Survivors navigating criminal and family court

• Expand shelters, counseling, and crisis response so Survivors can escape safely

• Public education campaigns to shift social attitudes on domestic violence

At Control Alt Delete, we believe Survivors deserve more than short-lived protection. They deserve a justice system that stands firmly on their side.