Phoenix Domestic Violence Defense Lawyer

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 for sound legal guidance and experienced criminal defense.

Why Choose AZ Defenders?

  • Our law firm is well established, and our Phoenix domestic violence lawyers are respected members of the Arizona legal community.
  • We are a client-oriented firm, providing dedicated, personalized service and handling every aspect necessary to properly support your case.
  • Our Phoenix criminal lawyers have more than 20 years of combined experience successfully representing clients in criminal defense matters.

What are Examples of Domestic Violence?

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:

  • Assault or aggravated assault
  • Sexual assault
  • Unlawful imprisonment
  • Kidnapping
  • Disorderly conduct
  • Criminal damage
  • Criminal trespass
  • Negligent homicide
  • Manslaughter
  • Second-degree murder
  • First-degree murder
  • Endangerment
  • Threatening or intimidating
  • Unlawful distribution of images
  • Custodial interference

Phoenix Domestic Violence Statistics

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%.

Temporary Restraining Orders

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.

When Can Domestic Violence Be Charged?

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:

  • The relationship between the victim and the defendant is one of marriage, former marriage, or persons residing or having resided in the same household.
  • The victim and the defendant have a child in common.
  • The victim or the defendant is pregnant by the other party.
  • The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law.
  • The victim is a child who resides in or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides in or who has resided in the same household as the defendant.
  • The victim and defendant currently have or previously had a romantic or sexual relationship, as determined by the type of relationship, the length of the relationship, the frequency of interaction between victim and defendant, and/or the length of time since termination, if the relationship was terminated.

What are Aggravated Domestic Violence Charges?

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.

Defenses against Domestic Violence Charges

Our Phoenix domestic violence attorneys attack every weakness in the prosecution’s case and raise every possible defense. Defenses against domestic violence charges include:

  • Affirmative defenses, including self-defense, crime prevention, defense of others, and defensive firearm display
  • No proof of intent or a reckless or other required mental state
  • Suppression of evidence-based on violations of the fourth, fifth, and sixth amendments, including illegal searches, right-to-counsel violations, Miranda violations, and illegally forced confessions

Contact Our Phoenix Domestic Violence Defense Attorneys Today

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 AZ Defenders right away to schedule a consultation.

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