Every allegation of domestic violence must be taken seriously. At the heart of these matters are criminal accusations where convictions will create a permanent record, in addition to potential fines and prison time. Even worse, a mere arrest for an incident of domestic violence could result in a court creating a restraining order that limits where you can work and live.
A Tolleson domestic violence lawyer is ready to fight for your rights and freedom throughout the legal proceedings. This includes forming a defense against the charges at the core of the case and disputing the need for restraining orders. With help from the dedicated defense attorneys at Grand Canyon Law Group, you can move forward with your life while working to protect your future.
Unlike in many other places around the country, there is no specific statute under state law that aims to punish domestic violence. As a result, police officers cannot make an arrest and prosecutors cannot pursue charges under the label of “domestic violence.” Instead, the law uses this term to create potentially enhanced penalties for guilty parties and open the possibility of restraining orders to protect supposed victims.
According to Arizona Revised Statute § 13-3601, it is the relationship of the alleged victim to the defendant that classifies a case as an example of domestic violence. Under this statute, an act of violence or threat of harm to one of these people can justify the labeling of a case as one of domestic violence. People who fall into this category include:
After a domestic violence allegation, a court may create a restraining order that requires a defendant to cease all contact with the alleged victim while the case moves through the court system. This could require a person to stop seeing children, quit a job, or move out of a family home. A Tolleson attorney is here to provide more information about mitigating the impact of a domestic violence accusation.
Almost any example of a criminal act that targets a family member may fall under the umbrella of domestic violence. However, these cases usually involve allegations that a person committed an act of violence or issued threats of harm against another.
Typical examples of criminal charges that may serve as the basis for a domestic violence case include:
A domestic violence lawyer at our firm can help to defeat these charges in court. This may involve challenging the legality of police work that led to the collection of evidence, obtaining information that helps create an alibi for a defendant, and cross-examining the State’s witnesses at trial. These techniques could help to lower the severity of a charge or even bring a complete acquittal.
Allegations of domestic violence are serious matters. At the center of the case is a criminal allegation that can result in a jail sentence after conviction, whether the charge is a misdemeanor or a felony. At the same time, the court may create a restraining order that requires you to stop all contact with an alleged victim and remains in place until the end of the case. Convictions could lead to that order becoming permanent.
It is vital that you provide yourself with every advantage moving forward by working with a Tolleson domestic violence lawyer. From day one, the team at Grand Canyon Law Group is ready to contest the need for restraining orders, argue for fair bail, challenge the legality of the State’s evidence, and present persuasive arguments at trial. Call us today to get started.