Although domestic violence crimes are a common occurrence in Phoenix and Arizona, they should not be taken lightly. A conviction can have serious consequences and create a negative stigma that can impact your future. Our Phoenix domestic violence defense lawyers have the expertise to navigate you through these charges. If you’ve been accused of domestic violence, call AZ Defenders today to get help from an experienced Phoenix domestic violence attorney.
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Domestic violence is defined as violent or aggressive behavior within the home, involving the violent abuse of a spouse or partner. IT can occur under a wide variety of circumstances and can take form in many different types of violence. Under Arizona law, these crimes can include:
According to statistics from the Phoenix Project, 1 in 3 women and 1 in 4 men in the United States have experienced some form of violence from an intimate partner. Intimate partner violence makes up 15% of all violent crime, and national domestic violence hotlines receive approximately 15 calls every minute — 21,000 calls per day.
Statistics also show that having a gun in your home increases the chance of domestic homicide by 500%.
Many victims will obtain a Temporary Restraining Order, or “TRO” as they begin to press charges and file domestic violence claims. These documents are typically obtained at an ex parte court proceeding. This means the plaintiff may ask the court for a hearing without notifying the defendant of the charges.
At these TRO hearings, the victim (“plaintiff”) has the opportunity to testify or bring in evidence that domestic violence occurred. If the court finds the evidence sufficient, it will issue a TRO against the defendant. A police officer is required to deliver the TRO to the defendant within 24 hours after it is assigned.
Temporary restraining orders typically expire within 10 days. During this time, the defendant is prohibited from certain behaviors as outlined by the court. This could include cutting off contact with the plaintiff or returning to their shared home. In certain cases, a TRO may also prevent the defendant from seeing their children.
In order to extend the scope or duration of a TRO, the plaintiff is required to ask for a full court hearing and file a domestic violence complaint.
Domestic violence can occur in any type of domestic relationship inside the home. These charges are not limited to intimate relationships between a husband and wife or boyfriend and girlfriend, although these types of domestic violence relationships are common. Arizona prosecutors will consider pressing domestic violence charges in instances when:
If you are found guilty of a misdemeanor domestic violence charge for the third time in a seven-year period, you can be charged with a felony. Penalties, in this case, may include prison time. Aggravated domestic violence in Arizona is a class five felony that carries up to a two-and-a-half-year prison term for a first conviction.
Our Phoenix domestic violence attorneys attack every weakness in the prosecution’s case and raise every possible defense. Defenses against domestic violence charges include:
The consequence of a domestic violence conviction can stay with you for the rest of your life. If you are facing domestic violence charges, it is important to get an experienced criminal defense attorney on your side as soon as possible. Contact a Phoenix Criminal Defense attorney right away to schedule a consultation.