All allegations of causing harm to another are serious matters. This includes incidents where a prosecutor believes that violence has occurred and those where the allegations involve the mere threat of harm. However, as harsh as the potential consequences can be, punishment can only result from a conviction in court.
Sadly, this is not true in cases alleging domestic violence and spousal abuse. The alleged victim’s status as a defendant’s family member means the defendant may face consequences soon after an arrest. The court may create a restraining order that impacts all parts of your life.
When you face these accusations, consult a Gilbert spousal abuse lawyer as soon as possible. The seasoned attorneys at Grand Canyon Law Group can explain the issues in your case and develop a defense that could help protect your rights as quickly as possible.
Spousal abuse is not a specific criminal offense in Gilbert or anywhere else in the state. Instead, courts use this label to describe an incident allegedly impacting the defendant’s spouse. Various criminal charges may be at the core of spousal abuse accusations. These typically include allegations of causing harm or threatening to do so. Common examples include the following:
Our skilled Gilbert attorneys are prepared to explore the facts that led to an arrest and present a defense in court against spousal abuse accusations. This could help reduce the severity of punishment or even force a court to issue an acquittal.
Criminal courts hearing cases alleging violence against another will generally act in the same way regardless of the identity of the supposed victim. However, incidents of spousal abuse may trigger additional hearings and potential punishments.
This occurs when an alleged criminal act falls under the state’s definition of domestic violence. According to Arizona Revised Statute § 13-3601, the identity of a supposed victim makes an incident a domestic violence case. The court will classify the incident as domestic violence if the alleged victim is the defendant’s child, parent, spouse, romantic partner, or roommate.
This classification can majorly impact a defendant’s rights and freedoms before a case goes to trial. Someone alleging domestic violence may petition the court to create a protective order requiring the defendant to cease all contact. Especially when the alleged victim is a spouse or child, a defendant may be required to move out of their home or stop seeing their children. The spousal abuse lawyers at our Gilbert office work to dispute these orders and protect a defendant’s way of life.
Accusations of spousal abuse must be dealt with proactively. Even if the allegation at the core of the arrest is a mere misdemeanor, the outcome of the case can significantly impact your career, schooling, or family life. The simple accusation of wrongdoing can justify a restraining order that limits your ability to be with family or live in your home. In addition, a conviction for a domestic violence offense can bring enhanced penalties.
Contacting a Gilbert spousal abuse lawyer is the first step toward a positive case outcome. From day one, Grand Canyon Law Group is prepared to explain your rights, contest any potential restraining orders, and fight back against the accusations at the center of your case. Call us today to learn more.