If the police get involved in a familial conflict, you may find yourself facing criminal charges. Being accused of domestic violence can be a scary and overwhelming experience, and these claims should not be taken lightly. Domestic violence charges can take away your freedom, damage your reputation, and ruin family relationships.
As such, it is crucial to get help from a Tempe domestic violence lawyer to aggressively combat the allegations against you. At Grand Canyon Law Group, our skilled attorneys can inform you of your rights and work tirelessly to preserve your future.
Under Arizona law, domestic violence is not limited to incidents that take place between a husband and wife. Arizona Revised Statutes § 13-3601(A) protects all family and household members. This statute also applies to:
We all know that relationships can be complicated and can occasionally involve conflicts. Sometimes, arguments can become heated. To ensure that the authorities do not misinterpret escalated disagreements or conflicts as domestic violence, accused Tempe residents should retain a seasoned attorney at the Grand Canyon Law Group.
Physical harm is not necessary for someone to be charged with domestic violence. Emotional distress, excessive noise or fighting, damage to property, sexual abuse, or neglect can also amount to criminal conduct. Ariz. Rev. Stat. § 13-3601(A) identifies a long list of acts that qualify under the legal definition of domestic violence, including:
For any of these alleged crimes, the prosecution must prove multiple elements in order to earn a domestic violence conviction. The former prosecutors at Grand Canyon Law Group know how to find weaknesses in a case and aggressively advocate for those accused to achieve the best resolution.
Domestic abuse can be a felony or misdemeanor offense depending on the classification of the underlying crime (e.g., assault or criminal damage). In many cases, the court imposes fines, restitution, and community service. Depending on the degree of the offense, a defendant may also face incarceration. All convicted individuals must attend a court-approved treatment program as outlined in Ariz. Rev. Stat. § 13-3601.01.
Prior domestic violence convictions may lead to aggravated charges and mandated minimum jail terms under Ariz. Rev. Stat. § 13-3601.02. If the alleged victim is pregnant, Ariz. Rev. Stat. § 13-3601(L) allows the court to consider this fact when sentencing, potentially leading to an additional two years of incarceration.
In addition to criminal penalties, a domestic violence conviction can impact a person’s familial relationships as well as their opportunities for employment, education, and housing. A criminal record can negatively impact all aspects of a person’s future. The best way to combat these severe consequences is to retain a seasoned domestic abuse attorney.
In some domestic violence cases, the parties to the conflict may wish to reconcile after everyone has had time to cool down. However, once the criminal justice system is involved, forgiving and forgetting may no longer be an option. The accused person generally must stay away from the alleged victim or risk adding criminal counts to their indictment, especially if a protective order is in place. This is true even if the alleged victim changes their mind and wants to drop the charges, as only the prosecutor can authorize that. However, our attorneys understand the local domestic violence laws and can help an accused person avoid these pitfalls and return to their normal life as soon as possible.
It can be difficult to effectively respond to domestic violence accusations, as these situations are often highly emotional. Let an experienced Tempe domestic violence lawyer at our firm guide you through these difficult times. The attorneys at Grand Canyon Law Group have significant experience helping individuals resolve their legal and familial issues. Contact us today to discuss your circumstances and protect your way of life.