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 domestic violence defense lawyers have the expertise to navigate you through these charges. If you’re facing domestic violence accusation, call AZ Defenders today to get help from an experienced Phoenix domestic violence defense attorney.
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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. For more information about what to do after a domestic violence or abuse charge, speak with a knowledgeable Phoenix criminal defense attorney experienced in these types of claims.
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:
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:
If you have further questions about what constitutes domestic violence in Arizona, an experienced Phoenix domestic violence attorney at AZ Defenders can help.
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 lawyers 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 domestic violence defense attorney at AZ Defenders right away to schedule a free initial consultation. Call (480) 456-6400 or contact us online.
Attorney Dave Smith with the Rosenstein Law Group proved to be an invaluable asset to my case in court. Not only was he exceptionally prepared and articulate, but he also made sure my views were understood by the jury. After his representation and guidance, not guilty was the only logical outcome.
– Clark C.