Hire an Experienced Domestic Violence Lawyer if Facing Charges of Domestic Violence in Arizona
Domestic Violence should never occur in any relationship. However, often, it rears it’s ugly head. Today, more than ever, domestic violence charges are taken more seriously than in the past. Because of this, charges and consequences are more prevalent than any other time in recent memory. Therefore, with today’s culture, seeking the assistance of an AZ Domestic Violence Lawyer is more of a necessity than ever if facing domestic violence charges.
If you are charged with or accused of a domestic violence charge in Arizona, do not try to resolve these issues on your own. Additional contact with a potential victim could lead to more charges and extra complications. Instead, contact our Arizona Domestic Violence Attorneys and find out the best defenses to your charges. Every domestic violence case is different. Plus, often complex legal issues need to be examined and recognized by an experienced lawyer, often leading to admissibility of evidence issue which may benefit your case.
Who are Victims of Domestic Violence in Arizona?
A common misconception is that only women and children can be victims of domestic violence. This is entirely false, and domestic violence against men is just as serious of an offense as domestic violence against women.
Have You Been Charged with Domestic Violence in Arizona? If so, now what??
You need to fully understand the charges against you, as well as the potential consequences. A conviction and restraining order on your record could get you fired from your current job, make it more difficult to find another, and even fully disqualify you from certain positions and professional licenses. It can hurt your chances of getting an apartment and you may lose custody of your children. Therefore, you need an experienced professional attorney to defend you from the charges against you.
What is Considered a Domestic Violence Offense in Arizona?
There are many acts that constitute domestic violence in Arizona. Some of these include: stalking, kidnapping, property damage, trespassing, secret videotaping, physical abuse or restraint, sexual abuse, assault with or without a weapon, endangerment, and economic control and neglect. For these acts to be considered domestic violence, it must have been committed by one family member or romantic partner (current or former) against the other.
What is a Restraining Order?
A restraining order is an injunction a victim of domestic violence can seek against their abuser. The restraining order will ban the respondent from contacting or harassing the petitioner, and can contain additional terms such as a move out provision or to surrender registered firearms.
Who Can Take Out a Restraining Order?
Anyone who has experienced an act of domestic violence at the hands of a family member, romantic partner, or housemate, can file a restraining order. Another commonly used name is an order of protection. An injunction against harassment, however, is meant to be a restraining order against someone with whom you don’t have an intimate relationship.
What Domestic Relationships Allow a Domestic Violence Charge to be Filed?
Domestic violence can be committed by:
A spouse or partner, former or current
How Do You Find a Domestic Violence Attorney when you are being charged with Domestic Violence?
Domestic violence often involves issues of both criminal and family law, so you will need to find an attorney who specializes in those areas, as well as domestic violence specifically. You will also need to ask your attorney about their specific practice, including whether they will take cases to trial, whether they handle both felonies and misdemeanors, which attorney will be assigned to your case, and more.
Arizona Domestic Violence Defenses
A common defense to domestic violence accusations is self defense. If one party must get physical to defend against a physical attack by another party, this is defense, regardless of each party’s gender. Self defense must be proportional, and should take into account the relative size and strength of the parties.
The accusations against you may be patently false. If this is so, you will need to find as much evidence and as many character witnesses for your case as possible. If the other party has character witnesses to testify against you, you will need to discredit these witnesses.
What Qualifies as Domestic Violence?
Many acts can constitute assault as it applies to domestic violence. Some acts of violence, like pushing, hitting, and kicking may be obvious and leave clear marks on the victim. Others, like threatening, stalking, and some instances of sexual assault, may not leave bruises. Domestic violence charges can be brought for a wide variety of abusive behaviors.
What Do I Do If Falsely Accused of Domestic Violence?
Because of the serious consequences a false domestic violence allegation can have on your life, you should seek the advice of an experienced attorney as soon as possible. You will need to prove you are innocent of domestic violence both in a criminal hearing and a restraining order hearing. A good attorney will help you find weaknesses in the other side’s case in both hearings. The police may make errors in handling evidence or in other procedural areas, which your attorney will use to defend you. Both a restraining order and a criminal conviction will have dire consequences on your future, so you should hire the best attorney you can afford to defend you.
What are Arizona Penalties for Domestic Violence Conviction?
In Arizona, the standard penalties of whatever crime you are charged with (fines, jail time, community service, etc.) will be increased if you are convicted of domestic violence. You may also be required to take pricey domestic violence courses, lose your right to own a firearm, lose custody of your children, and be issued a restraining order. This can, in turn, cause difficulties for the rest of your life finding employment, housing, and more.
Will I Go to Jail if Convicted of Domestic Violence?
This can depend on many factors. The judge may be more likely to issue harsher penalties if certain factors are present, like if you committed the domestic violence in front of minor children, if this isn’t your first offense, and the victim was severely injured or hospitalized. You should consult an attorney experienced in domestic violence defense to see what your best course of action is based on the facts and evidence available in your case. A proficient attorney may be able to negotiate a plea deal, keep you out of jail, successfully argue a restraining order hearing, and otherwise assist someone accused of domestic violence.