Arizona Domestic Violence Attorney

Strategic Defense For Domestic Violence Charges & Protective Orders In Arizona

Domestic violence is a very serious charge in Arizona that can have life-altering consequences. Even an accusation can impact your life. If you are arrested, it does not mean that you will automatically be convicted, however. Having an attorney involved can make a significant difference and can ensure rights protection at every step. They will investigate your case and make sure you have a solid defense moving forward.

Once you are arrested and booked for domestic violence in Arizona, you will be required to attend your initial appearance. During this meeting, your release conditions will be set. Once this is complete, you may face orders of protection from the accuser preventing you from contacting them or going near them. The next step is your arraignment, pretrial hearings, and then your trial or plea negotiations. Our lawyers will represent you at every point. We will answer all of your questions and will ensure you experience the best possible outcome.

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    What Does An Arizona Domestic Violence Attorney Do?

    Defense Law Firm In Arizona

    • Protection of Your Legal Rights & Strategic Defense

      You don’t have to face your charge alone. Our lawyers will stand by your side every step of the way, ensuring you have the best defense available and fighting aggressively for your rights.

    • Skilled In Negotiations, Counseling & Guidance

      Our lawyers have an in-depth understanding of Arizona law as well as the local prosecutors. We have strategies we know work best in negotiating deals. Let us expertly guide you through the process.

    • Defending Your Future, Reputation & Career

      The long-term consequences of a crime can be significant. You could lose your job, your reputation, and even your career. These consequences can last far into your future, but we can help, including pursuing a set-aside or record seal once your case is closed.

    Domestic Violence In Arizona Diagram

    Domestic Violence In Arizona Can Be Committed By:

    • A spouse or partner, former or current
    • Parents
    • Grandparents
    • Siblings
    • Children
    • Roommates
    • In-laws

    How To Choose A Domestic Violence Attorney In Arizona

    Choosing the right attorney can make a significant difference in the outcome of your case. At our law firm, we have years of experience and a track record of success handling domestic violence cases of all severities. During our consultation, we will give you all the confidence and knowledge you need to make the most informed choices.

    How Our Arizona Domestic Violence Attorneys Can Help You

    We know that each situation is unique with specific circumstances that can impact the outcome of your case. Our lawyers will spend time listening to all the details and will create a plan to find evidence for a strong defense. From there, we will conduct a thorough investigation and will represent you in trial, fighting for your rights and freedoms.

    Why Choose Our Defense Team

    When you are accused of domestic violence, you need the help of a domestic violence defense lawyer right away. From the court-ordered penalties to the long-term consequences of having a crime on your record, the results can be severe. When you hire our lawyers at My AZ Lawyers, we will meet with you and go over your options, drawing on the full Arizona criminal defense team behind us. From there, we will determine which defenses could be helpful and how to move forward. When you hire us, you can be confident that you are getting some of the best legal representation in the area.

    Arizona domestic violence defense team reviewing a client’s case

    What Is Considered Domestic Violence in Arizona? (ARS 13-3601)

    Domestic violence is not a specific charge, but rather a classification for specific types of offenses. Offenses like assault and disorderly conduct can be classified under domestic violence if they involve certain relationships. Domestic violence is an enhancement of another charge and comes with additional severe penalties. If your charge carries the domestic violence designation, be sure to reach out to our domestic violence defense lawyers right away to determine your options and how to move forward.

    How Arizona’s DV “Enhancement” Works

    If you are charged with a specific offense and the prosecution proves that the situation involved a qualifying domestic relationship, your charge can be “enhanced” to domestic violence, which comes with additional penalties. If you are a repeat offender, you will face even more penalties with higher severity.

    How Arizona’s domestic violence enhancement raises the penalties on a charge
    Woman and Child Facing Man with Belt in a Domestic Violence Case in Arizona

    Crimes That Can Carry A Domestic Violence Charge

    Domestic violence is an enhancement to another offense. The crimes that can become domestic violence in certain relationships include assault, threatening, harassment, stalking, endangerment, unlawful imprisonment, kidnapping, criminal damage, disorderly conduct, sexual assault, child abuse, manslaughter, and more.

    Domestic Relationships That Qualify Under ARS 13-3601

    The only way an offense can become domestic violence is if the individuals involved qualify under certain relationships. The relationships include current or former spouses, people who live together or previously lived together, people who have a child together, family members related by blood or marriage, and current or former romantic or sexual relationships.

    Relationships that qualify for a domestic violence charge under ARS 13-3601

    Understanding Domestic Violence Laws In Arizona

    • Physical Abuse

      Arizona law defines physical abuse as any act that causes bodily harm or places an individual in imminent fear of such harm. This includes hitting, slapping, pushing, or any other form of physical assault. Contact our lawyers if you’re accused of physical abuse!

    • Sexual Abuse

      Sexual abuse in Arizona encompasses any non-consensual sexual contact or activity, including rape and molestation. It also covers situations where consent is obtained through coercion, threats, or manipulation. If sexual abuse is an accusation you’re facing, we have you covered. Start with what to do if you are falsely accused.

    • Emotional and Psychological Abuse

      This form of abuse involves behaviors that cause emotional trauma or psychological harm, such as constant criticism, threats, or manipulation. It can also include isolating the victim from friends and family to exert control. Look no further for legal defense attorneys than My AZ Lawyers.

    • Financial Abuse

      Financial abuse occurs when one partner controls the other’s financial resources, limiting their access to money and financial information. This can include stealing, withholding funds, or preventing the victim from working. Don’t wait to get legal help, contact us today.

    • Harassment & Stalking

      Harassment and stalking laws in Arizona protect individuals from persistent, unwanted contact or surveillance. These behaviors can include following the victim, sending threatening messages, or repeatedly showing up at their home or workplace.

    • Unlawful Imprisonment & Kidnapping

      Unlawful imprisonment involves restricting a person’s freedom of movement without legal authority, while kidnapping includes moving a person against their will. Both are serious offenses under Arizona law, with severe legal consequences. For a solid defense, we have you covered.

    Penalties For A Domestic Violence Conviction In Arizona

    Misdemeanor Domestic Violence Penalties

    The misdemeanor penalties for domestic violence depend on the class of misdemeanor you are charged with. You will face jail time, fines, probation, domestic violence offender treatment, community service, and more.

    Felony & Aggravated Domestic Violence Penalties

    Some serious domestic violence offenses are automatically charged as a felony. Examples include aggravated assault, certain strangulation offenses, kidnapping, and sexual assault. The penalties are severe so make sure you have your lawyer on your side.

    Loss Of Gun Rights (Federal Brady Act)

    You can lose your firearm rights for felony convictions or even qualifying misdemeanors. If you are charged with a felony, you will lose your firearm rights in Arizona as well as federally. While you can get your rights restored in Arizona, it is often much harder federally.

    Impact On Child Custody, Employment & Immigration

    If you’re accused of domestic violence, the custody of your children, your job, and even your immigration status can be at stake. Our lawyers work alongside our Arizona child custody team and have strategies to protect these aspects of your life so make sure we’re on your case for the best possible outcome!

    Our Clients’ Testimonials

    Domestic Violence Attorney with 5-Star Rated Reviews on Google
    Domestic Violence Attorney with 5-Star Rated Reviews on Facebook
    Domestic Violence Attorney with 5-Star Rated Reviews on Yelp

    I reached out to Alison Briggs with questions about domestic violence and family law issues. She willingly spent her time talking with me and answering my many questions. She also directed me to various resources within the state for further information and assistance. Alison's background as a social worker and victim's advocate add a unique perspective to her legal expertise, giving her a remarkable ability to identify and address these issues as they relate to her work in the areas of family and criminal defense law. Please consider contacting Alison if you need expertise in these areas.

    Jenny Hoppie ★★★★★

    A quick comment could not show or tell the absolute LOVE and APPRECIATION I have for this team! I went through a tough battle of divorce and custody after being a victim of domestic violence for the LAST time. I was scared to go through with the divorce after a second time around. Alison was with me during both times, and the entire team, not only over exceeded my expectations, but also gave me the boost of confidence I needed during this hard time. They are extremely knowledgeable and fight their absolute hardest, for their clients. I owe my deepest gratitude and thanks for all of the time and effort they out into my case. I've already recommended them, and I always will! Alison, you are an amazing and intelligent human being. Thank you guys for everything you've done for my daughter and I

    ASHLEY DELLOVA ★★★★★

    My Arizona Lawyers in Mesa, AZ has a great legal criminal team. They helped me get out of bogus criminal charges taht I wasn't guilty of. Without Angels' help, I might be in jail today for something I did not do. I thank them for everything they did to prove my innocence. They really fought tooth and nail for me.

    Larry Ketterman ★★★★★

    Types Of Protective Orders In Arizona

    File for an Order Of Protection or Restraining Order in Arizona

    Order Of Protection

    An Order of Protection is a court-issued document that restricts an abuser from contacting or coming near the victim. It can include provisions for temporary custody of children and removal of firearms. Here are the steps to getting a restraining order in Arizona.

    Arizona Emergency Order of Protection (EOP) Lawyers

    Emergency Order Of Protection

    This is a temporary protective order that can be issued by a judge or magistrate outside of regular court hours. It provides immediate protection until a full court hearing can be held.

    Domestic Violence Release Order

    Release Order

    A Release Order is issued by a court when an individual accused of domestic violence is released from custody. It may include conditions such as no-contact provisions to protect the victim.

    Injunction Against Harassment in Arizona

    Injunction Against Harassment

    This order is designed to protect individuals from harassment that doesn’t necessarily involve a domestic relationship. It can prohibit the harasser from contacting the victim and coming near their home, workplace, or school.

    Workplace Harassment Orders in Arizona

    Workplace Harassment Orders

    These orders protect employees from harassment that occurs at their place of work. Employers can request these orders to prevent harassers from entering the workplace and to ensure the safety of their employees.

    Common Defenses To Domestic Violence Charges

    While Arizona takes domestic violence charges extremely seriously, there are paths that you can take for better outcomes, even if the evidence is strong against you. Our lawyers are well-versed in criminal defenses and are prepared to do a thorough investigation to find the defense that will be the most advantageous for your case!

    Self-defense claim in an Arizona domestic violence case

    Self-Defense & Defense Of Others

    Self-defense or defense of others can be a strong argument for you if you are accused of domestic violence. However, a few requirements must be met. First of all, you must have reasonably believed that you needed to use force for protection of self or another. Second, the force you use must be appropriate and proportional to the threat that occurred. Third, you must have tried to withdraw from the conflict and the other person continued to attack. We will thoroughly evaluate your situation to determine if this defense is best for you.

    False Accusations (Custody & Divorce Disputes)

    One of the most common reasons people are falsely accused of domestic violence is a custody or divorce dispute, and Arizona family law now treats DV allegations differently in those cases. Sometimes the accusations are true, but they are exaggerated. Our lawyers are prepared to look into the situation and evaluate text messages, emails, social media posts, prior inconsistent statements, witness testimony, surveillance video, body camera footage, and more. We will look for potential motivations and will build a defense to exonerate you if you are innocent, or to expose exaggerations in the account.

    False domestic violence accusations in an Arizona custody or divorce dispute
    Insufficient evidence defense in an Arizona domestic violence case

    Insufficient Evidence / Failure To Prove The Relationship

    The prosecution must prove that you are guilty beyond a reasonable doubt. If there is not enough reliable evidence, this can lead to reduced charges and even a dismissed case! This is true in proving the relationship as well. There must be proof that the relationship you have with the accuser qualifies for domestic violence. The parties must be current or former spouses, people who live or have lived together, current or former dating partners, or family members related by blood or marriage.

    Constitutional & Procedural Violations

    Regardless of whether you’re innocent or guilty, your constitutional rights must be protected. If there are any violations by police or prosecutors, the evidence collected during the violation can be suppressed or you can even have your charges dismissed. Examples of rights violations include illegal searches, unlawful arrests, and Miranda violations. If you believe any of these rights have been violated, mention it to your lawyer. Your lawyer will also do investigations to see if there are any other areas your rights were violated for this defense.

    Constitutional and procedural violations during an Arizona domestic violence arrest

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    FAQs About Our Domestic Violence Defense Lawyers

    If you are arrested or even accused of domestic violence, you should reach out to a domestic violence attorney right away. The sooner you have legal representation involved, the more options you will have. Your lawyer can make sure your rights are protected from the very beginning. They will investigate your case and will build a solid defense for the best possible outcome. While your lawyer will still be extremely helpful if you hire them later on in your case, when you reach out to a lawyer early on, they can advise you and help you make the best decisions from the start. This is especially important if you are falsely accused. Relationships can be messy and domestic violence accusations are no exception. Don’t wait to get a lawyer involved. Take advantage of our flexible payment plans and free consultation to find out how we can help.

    Unfortunately, a false domestic violence accusation is not uncommon. Relationships are complex, especially relationships involving romantic partners. A simple fight can turn into accusations that can spiral into serious charges rather quickly. The very first thing you should do is remain silent. After an accusation, do not attempt to explain yourself. Inform anyone who asks about the case that you wish to exercise your right to remain silent. From there, reach out to a lawyer who specializes in domestic situations. At My AZ Lawyers, we have years of experience handling domestic violence cases of all kinds. Not only that, but we have a track record of success reducing charges, reducing penalties, and even getting cases dismissed. We will aggressively fight for your rights and your freedoms. Contact us today to get started.

    Domestic violence can affect child custody, but it does not everytime. The courts will always make decisions with the child’s best interest in mind. That means that if domestic violence creates an unsafe environment for the child, your parental rights can be removed. You may be restricted to seeing your child on specific days of the week or with supervision. The parent charged with domestic violence must prove that they will create a safe environment for their children. If they are unable to do so, the other parent will likely receive sole custody. This is why having a lawyer on your side can make a huge difference. We will fight for your rights, including the custody of your child. Especially in false accusation situations, you need a skilled lawyer on your side protecting the members of your family that matter.

    Once you are arrested, a judge will set the conditions for your release. Upon release, you may be subject to orders of protection. These orders prevent you from contacting the people involved in the domestic violence case. If you violate these orders, you could end up with more charges. As soon as you are able, you will want to reach out to a lawyer. Your lawyer can help you understand the details of any court orders against you as well as what you are facing and what defenses are available. Your lawyer will put together an investigation to find evidence that builds a solid defense. You may negotiate a plea bargain or you may end up in trial. Either way, your lawyer will be by your side advocating for your rights and best possible outcome.

    Plea bargains can be a helpful path for individuals who are guilty, but still want to reduce their charges and penalties. Your lawyer will work out negotiations with the prosecution. They will offer up your plea of guilty in exchange for lower penalties and charges. This could reduce your felony charge to a misdemeanor of disorderly conduct or trespassing. Sometimes the reduced charges are given in exchange for participation in a diversion program. There are many favorable options that can set you on the path to a better future in situations where you are guilty. This is why, even if the evidence is stacked up against you, you should hire a lawyer. There are many defense options you can use for a more favorable outcome. Always attend a legal consultation to find out your path forward.

    In most situations, yes, you will be required to go to jail or even prison for a domestic violence charge. Your penalties depend on the severity of your case. Misdemeanors where the physical harm is not as serious can result in jail time of up to 6 months. Felonies where there is serious physical harm or even death can result in up to 21 years in prison. Your lawyer can help you understand the charges you are facing and what penalties can result from it. We will also go over your options and how the penalties, especially jail time can be reduced. That said, Arizona takes domestic violence charges very seriously and you should never face it alone. Our lawyers will fight aggressively for your rights and freedoms.

    The state of Arizona does not allow for a criminal record to be erased. However, they do allow for the setting aside of records as well as the sealing, if you qualify. Setting aside a record can be done once your sentence is complete. The conviction remains on your record, but it will be marked as “set aside”. This tells anyone who looks at your record that you have completed the sentence. You no longer will be required to legally inform anyone that you have a criminal record if they ask. Sealing a record will hide it from the average person, but it will continue to be visible to law enforcement and certain government officials. In either case, you must qualify and many domestic violence cases are unable to take these paths. Talk to your lawyers about your options after you are done with your sentence so that you can move forward with your future.

    The statute of limitations for your case will depend on whether it is a misdemeanor or a felony domestic violence offense. If the offense is a misdemeanor such as assault, disorderly conduct, or criminal damage, the accuser will only have 1 year from the date of the offense to file charges. If they do not meet this deadline, they will be barred from doing so in the future. Felonies are given a longer statute of limitations of 7 years. Felony domestic violence charges include aggravated assault, felony criminal damage, and more. All that said, there are certain situations where there are much longer statutes of limitations or even no limitations at all. These situations are when the offense causes severe damage, involves children, or if the defendant is unavailable. See the full breakdown of Arizona’s criminal statutes of limitations.

    The costs of hiring a domestic violence defense attorney vary depending on the severity of your case and the specific circumstances involved. Simple misdemeanors can cost less than serious felonies. Similarly, negotiating a plea deal can cost less than hiring a lawyer to represent you throughout a trial. It is well worth the money, however. A domestic violence charge can result in difficulty finding a place to live, lost job, difficulty finding a new job, loss of firearm rights, loss of child custody, protective orders, and more. Your lawyer can help mitigate some of these consequences making the costs worth it. If you’re concerned about the costs, our lawyers are here to help. Ask us about the costs and fees during your initial consultation. We believe in transparency and want to give you peace of mind from the very beginning. We will be up front about the costs so you can go into your case informed and ready for what is coming in the future.

    Domestic violence charges and orders of protection can work together, but they are not the same thing. Charges go through the criminal justice system whereas orders of protection are given through civil court. An order of protection is given to protect an alleged victim. It will order that you do not contact them or go near them for a time. You can also be required to give up your firearms if served with an order of protection. Domestic violence charges go through the court system and determine whether you were following the law or not. If not, you will face penalties given by the justice system such as jail time, fines, required counseling, and more. Both situations can have a significant impact on your life. You can have an order of protection out against you without having a domestic violence charge, and visa versa. If you have an order of protection against you, it may be used as evidence in your domestic violence case. Our lawyers can help you navigate both sets of circumstances.

    How long a domestic violence case resolves depends on whether or not there is a lot of evidence, whether the charge is a felony or a misdemeanor, and whether the case goes to trial or resolves through a plea negotiation. It will also depend on the case load of the local court. During your initial consultation, our lawyers can help you understand what factors your specific case has that could influence timing. We may be able to give you a solid understanding of when your case could resolve and how it might happen. Regardless of how long or short it takes, our lawyers will stand by your side at every turn, representing you and protecting your rights. From the start to the completion of your sentence, you can count on us!

    Yes! Though it will depend on the circumstances of the case. Your case could be dismissed if there is insufficient evidence, conflicting witness statements, a victim recants their statement, there is clear self-defense, or there were police errors. Reductions can also occur and they are more common. Your felony may be reduced to a misdemeanor or your assault charge may be reduced to a disorderly conduct charge. It is more likely to be able to get a charge reduced if it is a first offense, there were no injuries, or the case is borderline between self-defense and conflict. At My AZ Lawyers, we will fight for the best possible outcome in your case. With our experience, you can count on us. Contact us today to get started with a consultation!

    Read Our Blog & Learn More About Domestic Violence Defense

    Check out our blog for more information and learn more about domestic violence and how a domestic violence attorney can benefit you!

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