New River Spousal Abuse Lawyer

Sometimes, arguments among married couples can lead to police calls and further misunderstandings. Although not mandatory, police tend to arrest one party when responding to a domestic violence call. When you face charges for alleged spousal abuse, you must proactively protect your rights.

Special procedures apply to cases involving alleged domestic violence, and you need an experienced attorney who understands the specific opportunities and challenges these cases pose for the defense. A New River spousal abuse lawyer at Grand Canyon Law Group will help you achieve the best outcome possible under the circumstances.

Spousal Abuse is a Domestic Violence Crime

According to Arizona Revised Statute §13-3601, a crime against a member of the same household is considered domestic violence. An alleged crime also could be domestic violence if the parties are or once were in an intimate relationship or share a child. Spousal abuse is a domestic violence crime committed against a spouse or former spouse, regardless of whether the parties still share a household.

Examples of domestic violence crimes include:

Other crimes could also be charged as domestic violence. Once someone is arrested and charged with a domestic violence crime, it does not matter whether the alleged victim favors prosecution. Spousal abuse cases often go forward without the alleged victim’s cooperation or testimony, as our New River attorneys can attest.

Legal Process for Spousal Violence Charges in New River

Usually, the police must have a warrant to arrest someone for a misdemeanor unless they observe the offense. In cases of alleged domestic violence, they do not need a warrant and often arrest whomever they believe was the aggressor in the incident. They can make an arrest even if the alleged victim asks them not to, and a prosecutor seeking to withdraw a domestic violence case must ask the judge for permission.

Someone accused of domestic violence would face the same penalties as they would if the alleged crime were committed against a stranger. Most spousal abuse arrests result in misdemeanor charges; however, if the accused has two prior convictions for domestic violence in seven years, the prosecutor could bring felony charges under Arizona Revised Statute §13-3601.02.

Order of Protection for Alleged Spouse Abuse

Sometimes, the alleged victim asks the court to issue an order of protection against the accused. The order would require the accused to surrender their weapons and could bar them from approaching the alleged victim or contacting them in any way, including through third parties. If the spouses live together or share children, a protective order could force an accused out of their home and prevent them from seeing their children. The dedicated spousal abuse lawyers at our firm could contest an order and ask the court to amend or withdraw it.

Collateral Impact of a Spousal Abuse Conviction

A person convicted of domestic violence against their spouse faces fines, jail time, and a six-month prevention course. However, a spousal violence conviction can have other harsh and significant consequences.

A conviction could interfere with gun rights. Anyone serving a sentence for domestic violence, including probation, cannot possess a firearm under Arizona law. However, federal law at 18 United States Code §922(d)(9) permanently bars anyone convicted of a misdemeanor domestic violence offense from owning a gun.

When deciding custody and parenting time, a judge will consider a spousal abuse conviction. A parent with a conviction might be denied custody, and a court could impose supervised visitation to ensure the children’s safety. The New River lawyers at Grand Canyon Law Group can work tirelessly to minimize the impact of a spousal abuse charge on the defendant’s way of life.

Consult a New River Attorney if You Face Spousal Abuse Charges

When a simple argument threatens to permanently affect your life, you must take the situation seriously. A domestic violence conviction for spousal abuse can significantly hurt your future prospects.

A New River spousal abuse lawyer is prepared to help you resolve the charges and protect your rights. Call Grand Canyon Law Group immediately to speak with a knowledgeable member of our team.

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