Across the country, about half of women and 40% of men report being the victim of domestic violence at some point in their lifetime. Domestic violence can appear as a number of behaviors, like stalking, assault, kidnapping, and more. It can be traumatic for not only the victim, but any children or loved ones who witness the abuse. How domestic violence should be addressed depends on a wide variety of case-specific factors. Dealing with domestic violence could also mean initiating separate legal proceedings, such as a divorce or a child custody case. If domestic violence is present in your relationship, you need an experienced lawyer for whatever legal issues lie ahead.
BEST TEMPE DOMESTIC VIOLENCE ATTORNEY
Our dedicated Tempe domestic violence lawyers offer reputable service with fair pricing. Schedule your free consultation by phone today at 480-680-9126 or click here.
Protective Orders After Domestic Violence Incidents
One way a domestic violence victim can seek protection from their abuser is by requesting a protective order. There are two types of protective orders in Arizona: orders of protection and injunctions against harassment. A victim of domestic violence should file for an order of protection due to the nature of their relationship with the defendant. Orders of protection are defined under Arizona law by A.R.S. § 13-3602. Orders of protection are specifically meant for protecting victims of domestic violence. They can enjoin the defendant from coming to the victim’s home, place of work, school, or anywhere else they specify in the order. If the victim and defendant live together, the order can force the defendant out of the home, to only return once with police supervision to retrieve their belongings. An order of protection can force a defendant to surrender any firearms they may own. Defendants subject to an order of protection shouldn’t contact the victim by phone, text, email, social media, etc. The order can contain any other terms the judge deems necessary for the victim’s safety.
Judges don’t grant every request for an order of protection that comes through their doors. There could be errors or inconsistencies in the request that cause the judge to deny it. The victim may simply not have sufficient evidence for the judge to rule in their favor. The defendant could also appear at the hearing and present arguments that convince the judge of their side of the story, even requesting their own order of protection against the other party. This demonstrates just how important it is to have skilled legal counsel while dealing with the fallout from domestic violence, including protective order matters. Our Arizona legal team provides expert representation with competitive rates that make hiring a quality attorney more attainable for Tempe families. Schedule your free phone consultation today at 480-680-9126 or click here.
How Domestic Violence Is Defined In Arizona
Everyone has a general idea of what domestic violence is, but the legal definition slightly varies from state to state. For an act to be considered domestic violence in Arizona, the victim and defendant must have a relationship that meets one of six of the following factors:
- The victim and defendant are married or formerly married, or reside or previously resided in the same household
- The victim and defendant share a child in common
- The victim or defendant is pregnant by the other party
- The victim is related to the defendant by blood or court order, e.g., parent, grandparent, child, grandchild, sibling, in-law, etc.
- The victim is a child previously or currently residing with the defendant, and is related by blood to the defendant’s former spouse or household member
- The relationship between the victim and defendant is currently or was previously a romantic or sexual relationship
Once the adequate relationship has been established, the court will look at the act(s) that occurred to determine if it is to be considered domestic violence. Some of the offenses that count as domestic violence when committed against a victim with a special relationship include:
- A dangerous crime against a child
- Negligent homicide, including causing the death of an unborn child
- Manslaughter
- Second degree murder
- First degree murder
- Endangerment
- Threatening or intimidating
- Assault
- Aggravated assault
- Custodial interference
- Unlawful imprisonment
- Kidnapping
- Unlawfully obtaining labor or services
- Sexual assault
- Unlawful disclosure of images depicting states of nudity or sexual activities
- Criminal trespass in the third degree
- Criminal trespass in the second degree
- Criminal trespass in the first degree
- Criminal damage
- Interfering with judicial proceedings
- Disorderly conduct
- Cruelty to animals
- Preventing use of telephone in an emergency
- Use of an electronic communication to terrify, threaten or harass
- Harassment
- Aggravated harassment
- Stalking
- Surreptitious photographing, videotaping, filming or digitally recording or viewing
- Aggravated domestic violence
- Child or vulnerable adult abuse
Tempe Domestic Violence Lawyers Offering Skillful Legal Representation With Competitive Rates
A domestic violence situation is one of the most precarious legal situations than an individual can encounter. It often requires the interplay of more than one area of law, such as criminal law and family law. One’s liberty, reputation, time with their child, right to own a firearm, use of the family home, and more could all be in jeopardy in the midst of a domestic violence situation. Having an experienced attorney on your side can help you navigate all of these complex and tenuous issues. But because of how important domestic violence cases are, you shouldn’t trust your case with just any lawyer. Our Tempe Domestic Violence Lawyers have years of experience assisting Tempe families in sorting our the legal aspects of these types of situations. We offer affordable rates and start the process risk-free with a consultation by phone. Learn more today by scheduling your free consultation at 480-680-9126 or click here.
Tempe Domestic Violence Frequently Asked Questions
How does the court decide if a casual romantic or sexual relationship satisfies the relationship requirement for domestic violence in Arizona?
Here, the court will analyze the relationship based on four factors: (1)the type of relationship; (2) the length of the relationship; (3) the frequency of the interaction between the victim and the defendant; and (4) if the relationship has ended, the length of time since the breakup.
Can the police take firearms from the scene of a domestic violence incident?
In Arizona, police officers can remove firearms from the scene of a domestic violence incident if they reasonably believe that the firearm could expose the victim or another household member to serious bodily injury or death. The agency that takes the firearm is required to keep it on hold for at least 72 hours. The owner should be notified once the firearm is released from temporary custody. In some cases, the prosecutor may file a notice of intent to retain the firearm, which could result in the firearm being held for up to 6 months. The firearm owner can request a hearing, which should be held within 10 days of the request, to determine if returning the firearm would present a danger to others.
What resources should the police provide to victims of domestic violence?
At the scene of a domestic violence incident, police can provide a few types of resources to victims. The police should provide the number for the local police agency as well as any emergency services in the local community. The police can provide websites with resources related to domestic violence. Finally, the police can provide the procedures necessary to seek an order of protection or injunction against harassment.
Does it make a difference if the victim was pregnant at the time of the domestic violence incident?
Yes. The court can take the victim’s pregnancy into account and increase a defendant’s sentence based on that fact. The court can increase the sentence for a pregnancy-related domestic violence charge by up to 2 years. Here, a victim who is not yet visibly pregnant may need to show the court that the defendant was aware of the pregnancy.
Can the defendant object to a protective order that is already in place?
A defendant is entitled to one hearing, which can be at any time the order is in place. The defendant is entitled to a hearing within 10 days, unless a showing of good cause is made. If the victim has been granted exclusive use of the home, the hearing should be held within 5 days of the defendant’s request.
What kinds of defenses are unique to domestic violence situations?
There are a variety of defenses that stem from constitutional rights, so they are extremely similar, even in very different criminal cases. Examples include lack of reasonable suspicion, lack of probable cause, and failure to read the defendant their Miranda rights. But there are a few types of defenses that are used more frequently in domestic violence cases. Sometimes, the defendant will claim that they acted in self-defense and that they were not the aggressor in the situation, e.g., they tripped and fell down the stairs into the victim rather than intentionally pushing the victim. Some might claim that the incident happened on accident. Others may simply deny that the domestic violence occurred at all, and possibly suggest motivations as to why the victim would provide false accusations.
How long can a defendant spend in jail due to a domestic violence conviction?
The defendant’s incarceration sentence will depend largely on the base level offense(s) before adding the domestic violence enhancement. Misdemeanor offenses are punishable by up to 6 months in jail in Arizona. Felony offenses can result in prison sentences of several months, years, or for life. A domestic violence enhancement can cause the judge to sentence the defendant to additional time in prison. A domestic violence offender can also lose their right to own a firearm and be ordered to complete special domestic violence education courses.
Steps For A Victim To Take After A Domestic Violence Incident
Every domestic violence situation is unique, so the steps the victim should take next vary from case to case. There can be many factors that make a domestic violence case even more sensitive, so the victim might want to bypass some of these steps to avoid further endangerment. Some of the steps a victim can take after a domestic violence incident in Tempe include:
- Contacting the police: Some domestic violence victims are reluctant to call the police because they don’t want to get the perpetrator in trouble, or because they are afraid of the consequences they might face if the police arrive. But the police can create a police report after a domestic violence incident, which is a crucial piece of evidence in many of the other steps that follow.
- Visiting the AZPOINT website: AZPOINT is Arizona’s official website for protective orders, and is free to use. It has resources that domestic violence victims can access and stores information saved for petition purposes for 90 days. A domestic violence victim should log out and clear their browser history after using AZPOINT if they live with the perpetrator.
- Pursue a protective order against the defendant: A victim of domestic violence can request an order of protection so that it is a crime for the defendant to even come near or message the victim. This gets it on the record that the defendant has been abusing the victim and can prescribe numerous restrictions upon the defendant meant to promote the victim’s safety.
- Inform loved ones about the situation: One of the main strategies in the abusers’ playbook is to isolate the victim from their friends and family members. When loved ones are aware of what is going on, they know to check in on the victim and be aware of warning signs that the abuse is continuing. These loved ones could also be called to testify in later hearings regarding the domestic violence.
- Hire an attorney: Domestic violence could be a factor in a larger legal situation, which could include divorce, orders of protection, and more. An attorney can help you prepare for any issues that could arise throughout these legal proceedings, and reduce the emotional stress of dealing with an abuser.
