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Glendale Spousal Abuse Lawyer

All couples argue, and sometimes things get out of control. However, when a heated confrontation with your spouse or partner leads to domestic violence charges, your future is at risk.

Let a Glendale spousal abuse lawyer work to resolve the matter with minimal criminal consequences. The seasoned attorneys at Grand Canyon Law Group are ready to fight for you and your way of life.

Domestic Violence Laws Explained

There is no specific spousal abuse law in Arizona. Prosecutors usually charge a domestic violence crime after a physical confrontation between people with familial or emotional ties. Depending on the alleged victim’s identity, assault, sexual assault, battery, unlawful imprisonment, and other crimes could be charged as domestic violence offenses. Some crimes against children could also be considered domestic violence.

According to Arizona Revised Statute §13-3601, a crime is domestic violence when the parties are:

  • Related by blood or marriage
  • Married or were once married
  • Living together or once lived together as a couple
  • Co-parents of a child, regardless of whether they ever lived together as a couple

The actions that led to the arrest determine what misdemeanor or felony charges the prosecutor will file. Spousal abuse and other domestic violence cases involve special procedures, which our diligent Glendale attorneys can further explain.

Arrests for Intimate Partner Violence in Glendale

Arizona law allows a police officer to make a spousal abuse arrest if the officer has probable cause to believe an offense occurred. However, if the incident resulted in an injury or the alleged perpetrator brandished or used a weapon or dangerous instrument, the police must arrest them. The only exception is if the officer is confident the alleged victim is in no further danger.

Furthermore, prosecutors can pursue a spousal violence charge even when the alleged victim recants or withdraws their complaint. In addition, the prosecutor could request the court impose a restraining order on a defendant, barring them from contacting the alleged victim and requiring them to surrender their guns. Our seasoned spousal abuse lawyers in the area could ensure an accused person gets a fair hearing and explain the limits of any restraining order the court imposes.

Resolving Domestic Violence Charges

Spousal abuse cases often proceed with limited evidence, especially in cases where the alleged victim does not want prosecution. It is often possible to obtain dismissal of charges in these circumstances. Sometimes, a prosecutor will dismiss a charge if the alleged offender completes a class on anger management or domestic violence awareness.

The Glendale spousal abuse attorneys at our firm can tailor a defense to the circumstances. If the parties are involved in a divorce or child custody dispute, questioning the complaining spouse’s motives can be an effective defense. Highlighting a lack of probable cause or other police misconduct could spur a prosecutor to dismiss the charge.

The situation is more challenging if the accused has prior domestic violence convictions—prosecutors are less likely to dismiss charges in these cases. When an alleged offender has prior domestic violence convictions, a prosecutor could charge aggravated domestic violence (a Class 5 felony) even when the underlying crime is a misdemeanor. A conviction of aggravated domestic violence leads to a minimum of four months in prison, with mandatory minimum sentences increasing depending on the number of prior convictions.

Work with a Glendale Attorney to Resolve Spousal Abuse Charges

If you face charges resulting from a dispute with your spouse, your rights, freedom, and way of life are at stake. The court could impose a restraining order on you before you have the chance to offer a defense to the charges, and the order might ban you from your home and prevent you from contacting your children.

Let a Glendale spousal abuse lawyer work tirelessly to resolve the situation and protect your future. Call Grand Canyon Law Group for a consultation as soon as you are arrested.

Get In Contact an Attorney at Grand Canyon Law Group Today

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