Many consider their home and family as their safe haven from all life’s stresses and challenges. However, for others, this is not true because they see their home and family as danger, and they cannot fight against it, given their relationship with those abusing them. They also fear the stigma they will face if people know domestic violence happens in their homes.
The Law Office of Joshua A. Lopez, LLC is a dedicated Phoenix, AZ criminal law firm that can provide victims of domestic violence with legal support and help them get the legal protections available.
We can help you determine if what is happening in your household is domestic violence, as some do not consider certain actions as domestic violence and get into action immediately to help you escape the abuse and open the right case in court. We will handle your case with the utmost care and make sure that our team will fight for a result that will keep you safe from further abuse and have the abuser punished by the law accordingly.
Our Phoenix domestic violence attorneys can also help those who are accused of domestic violence. We will explain the charges against you, and once we know your case, we will sit down with you to design the legal defense that can be used to get the case dropped or fight for a lighter sentence.
Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Domestic Violence Attorney.
Definition of Domestic Violence in Arizona
Defining domestic violence in Arizona can be tricky as the crimes attached to it are extensive. However, it can be generally defined as any act of abuse – physical, sexual, emotional, or financial – committed by a family or household member to another family or household member. The act can also be considered a domestic violence crime if the abuser and victim were previously in a relationship and living together.
Domestic violence can either be a misdemeanor or a felony, depending on the crimes that were committed. Some of the crimes that can be included in a domestic violence case include:
Assault (including aggravated assault)
Harassment, intimidation, and threatening
Disobeying a restraining or protective order
Crimes against children
Meanwhile, a case becomes aggravated domestic violence if the defendant commits further violations of domestic violence within a span of 84 months or has been convicted of a domestic violence offense even after being convicted of a similar offense in the state or in other states. Aggravated domestic violence is classified as a class 5 felony and comes with mandatory penalties even if a person is convicted of the act for the first time.
If you wish to know more about the state’s domestic violence laws, don’t hesitate to ask our Phoenix domestic violence attorney. They will guide you through the law, determine if your situation is indeed domestic violence and file the case immediately so you can escape your abuser and get the case heard by the court. If you are accused of committing domestic violence, you can also trust our domestic violence attorneys to review the charges and make the right defense to get the case withdrawn or reduce the sentence.
Legal Protection from Violence
Victims who wish to gain more protection from their abusers as their domestic violence cases are being heard in court have many options to choose from if they live in Phoenix, AZ. Arizona has several programs and protections available for these victims to consider because the state understands the fear they have regarding their experience.
Here are some of the legal protections they can consider:
Address Confidentiality Program (ACP) – Victims can request a substitute address that they can use in place of their actual address so they will not be traced by their abusers should they be freed from jail or during court proceedings.
Protective Orders – A protective order is a court order that will order a defendant to stay away from the plaintiff, preventing further violence and crime. The court may consider approving the following types of protective orders:
Emergency Orders of Protection – This is given immediately if the defendant is a repeat offender and if there is reasonable cause that the defendant will cause further injury, regardless of the existing protective order.
Permanent Orders of Protection – As the name implies, the order will be effective until the court revokes it.
Civil Lawsuit – Victims can also file for a civil lawsuit to recover the money they spent to recover from the ordeal, replace those that were damaged, and pay for the legal fees to get the case heard.
Child custody or child or spousal support – Finally, victims can also file for child custody and child and spousal support from the court so the abuser not only loses access to the family but also have them be responsible for the family as they should have the first place.
Our Phoenix domestic violence attorney can assist you in determining which additional protections we can push for you and your family so you are protected from further abuse and your family gets the benefits they were denied by the abuser. We will explain to you their benefits and help you file the documents needed to apply for these protections.
Penalties for Domestic Violence
Under the Statute, the exact penalty or punishment that will be given to a defendant is dependent on the crime or crimes committed and if it is classified as a misdemeanor or felony. The defendant’s criminal history, if there is one, will also play a role in the penalty that will be given to them if found guilty of committing domestic violence.
For first-time offenders, they are usually charged with Class 1 misdemeanors which can come with a six-month jail sentence, fines up to $2,500, additional fees, and probation that can last up to 5 years. If the offender is a repeat one, they may face aggravated domestic violence, which is considered a Class 5 felony. Penalties for aggravated domestic violence can include a prison sentence of up to four years and fines of up to $150,000. Additional penalties such as counseling, probation, restitution, and rehab can also be included by the court, depending on the nature of the case.
If the victim filed for a civil lawsuit due to domestic violence, the compensation or damages the defendant has to pay can be dependent on the victim. If the lawsuit was filed with the small claims court, the defendant may be required to pay up to $3,500 in damages. Larger fees may be charged if the civil lawsuit is filed in a regular court.
If you want to know the possible penalties you have to face if someone accuses you of domestic violence or you wish to fight for a lesser sentence, don’t hesitate to ask our Phoenix domestic violence attorney. We will assess the situation and see if we can fight for a lesser sentence. We will also explain to you why these penalties are attached to your charges and plan accordingly to prepare the defense that will help with negotiating the penalties.
Penalties for domestic violence convictions in Phoenix vary based on factors like the severity of the offense and prior criminal history. They may include jail or prison time, probation, fines, restraining orders, mandatory counseling or treatment, loss of firearm rights, and a permanent criminal record that can affect employment and housing opportunities. Consulting with a domestic violence defense attorney in Phoenix is essential to understand the specific penalties and explore defense options tailored to your case.
A domestic violence defense attorney in Phoenix plays a pivotal role in helping individuals facing domestic violence charges. They evaluate evidence, build a tailored defense strategy, negotiate with prosecutors for reduced charges or alternative sentencing, safeguard your constitutional rights, represent you in court if necessary, and explore alternative resolutions. Their expertise is essential in navigating the complexities of domestic violence cases and providing support throughout this challenging process.
In domestic violence cases in Phoenix, it is possible to get a restraining order lifted, but the process can be complex. To do so, you generally need to file a motion with the court that issued the restraining order. The court will schedule a hearing to review your request. During this hearing, you must present compelling reasons for why the restraining order should be lifted, such as changes in circumstances or evidence that the order is no longer necessary. It's highly advisable to consult with a domestic violence defense attorney in Phoenix to guide you through this process and increase your chances of a successful outcome.
In Phoenix, Arizona, expunging a domestic violence conviction from your record is typically not possible. The state's laws do not allow for the expungement of domestic violence-related convictions. However, you may consider seeking a set-aside of your conviction, which doesn't remove it from your record but can demonstrate rehabilitation and meeting certain conditions. Consulting with a domestic violence defense attorney in Phoenix is essential to explore the available legal options specific to your case. They can provide personalized guidance and insights into your situation.
In Phoenix, domestic violence charges can be categorized as either misdemeanors or felonies, depending on the severity of the offense and any prior convictions. Misdemeanor charges are less severe and often involve minor altercations, while felony charges are more serious and may include significant physical harm or the use of weapons. Misdemeanors typically result in probation, counseling, fines, or up to 6 months in jail, while felonies can lead to longer prison sentences, probation, fines, and mandatory counseling or treatment programs. The classification depends on the specific circumstances of the case, and it's essential to consult with a domestic violence defense attorney to understand the charges and potential consequences.
Certainly, a domestic violence defense attorney in Phoenix can help you dispute charges by utilizing various defense strategies. Some of these defenses include showing false accusations, establishing self-defense, challenging the evidence presented, providing an alibi, demonstrating consent, or arguing the absence of intent in causing harm. The choice of defense will depend on the specific details of your case, and it's advisable to consult with an experienced attorney to determine the most effective strategy for your situation.
Yes, a skilled domestic violence defense attorney in Phoenix can work to help you avoid jail time. They can explore various legal options and strategies to mitigate the consequences of the charges you're facing. This might include negotiating a plea deal for alternative sentencing, such as probation, anger management classes, or community service, instead of incarceration. However, the outcome will depend on the specific circumstances of your case, the evidence available, and the laws governing domestic violence in Arizona. It's crucial to consult with an attorney to discuss the best approach for your situation.
Domestic violence charges in Phoenix can significantly impact child custody and visitation rights. If convicted or if there is evidence of domestic violence, custody arrangements may be affected, potentially leading to supervised visitation or restrictions on contact. Protective orders may also be issued to ensure the safety of the victim and children. A qualified family law attorney experienced in domestic violence cases can help navigate these legal complexities and protect parental rights while prioritizing the safety and well-being of the children.
If served with a restraining order in Phoenix, take it seriously and comply with its terms. Seek legal advice, prepare for court, attend hearings, maintain documentation, and respect the order's conditions. Follow legal counsel to protect your rights and interests. Restraining orders are issued for protection, so act lawfully and consult an attorney for disputes or concerns.
In a domestic violence case in Phoenix, if a restraining order is in place, it's crucial to strictly adhere to its conditions. Typically, these orders prohibit any form of contact with the alleged victim. To modify these conditions or re-establish contact, consult your attorney and follow the legal process to request changes to the order. Disregarding a restraining order can lead to severe consequences, including legal penalties. Always seek legal guidance to navigate such situations.
To protect your rights during a domestic violence arrest in Phoenix, it's crucial to remain silent and not make any statements to the police without your attorney present. Exercise your right to request an attorney and inform the police of your choice. While cooperating with your arrest is important, remember to comply with lawful orders to avoid additional charges. It's advisable to document details such as the officers involved and any witnesses to the incident if possible. If you are detained, request a bail hearing promptly and consult with an attorney to prepare for it. Ultimately, contacting an experienced domestic violence defense attorney as soon as possible is vital to safeguard your rights, as they can help build a strong defense and ensure you are treated fairly under the law. Remember that you are considered innocent until proven guilty.
Yes, it is possible to be charged with domestic violence in Phoenix even if the alleged victim does not want to press charges. The decision to file charges in a domestic violence case ultimately rests with the prosecuting attorney, not the victim. In many cases, law enforcement officers may arrest a person based on probable cause or evidence they gather at the scene, regardless of the victim's wishes. The prosecutor will then decide whether there is enough evidence to proceed with the case. While the victim's cooperation or willingness to testify can influence the case, it doesn't necessarily prevent charges from being filed. However, a skilled domestic violence defense attorney can work to negotiate with the prosecutor and potentially have the charges reduced or dismissed, especially if the victim does not wish to pursue the case.
The course of your domestic violence case in Phoenix can vary. Many cases are resolved through plea bargains, where you agree to certain charges in exchange for a lighter sentence or reduced charges. However, if an agreement can't be reached, your case may go to trial, where evidence and witnesses are presented, and a verdict is determined. A domestic violence defense attorney in Phoenix can guide you through these possibilities, assess your case, and work toward the best outcome.
In a domestic violence case in Phoenix, evidence can take various forms. This includes witness testimonies, which may involve statements from the alleged victim, eyewitnesses, or responding law enforcement officers. Physical evidence, such as photographs of injuries or damaged property, is also commonly used. Additionally, 911 call recordings, text messages, emails, and medical records can be presented to support the allegations. Official police reports detailing the incident and any observations made by officers are typically admitted into evidence. Previous domestic violence incidents, even without convictions, might be used to establish a pattern of behavior. Audio or video recordings related to the incident or conversations can also be included as evidence. It's crucial to consult with an experienced domestic violence defense attorney in Phoenix to assess the evidence against you and create a tailored defense strategy for your case.
The duration of a domestic violence case in Phoenix can vary significantly depending on several factors. Simple cases with clear evidence and no disputes may resolve relatively quickly, potentially within a few months. However, more complex cases with contested evidence, multiple charges, or the need for extensive investigation can take longer, sometimes spanning several months to over a year. The court's caseload, the availability of witnesses, and the negotiation process between the prosecution and defense also impact the timeline. Additionally, if the case proceeds to trial, that can add significant time to the resolution. It's essential to consult with a domestic violence defense attorney in Phoenix for a more accurate estimate based on the specific details of your case.
Certainly! A domestic violence defense attorney in Phoenix can assist with orders of protection and restraining orders by challenging or modifying them, providing legal guidance on adherence, gathering evidence, representing clients in court, and negotiating agreements when possible. Their expertise is crucial in navigating the complexities of these legal matters.
A domestic violence conviction in Phoenix can have significant consequences on both employment and immigration status. Employment-wise, it may result in job loss or difficulty securing future employment, especially in positions that require background checks. Regarding immigration status, a domestic violence conviction can lead to deportation, denial of citizenship, or other immigration-related problems, particularly if you are not a U.S. citizen. It's essential to consult with an immigration attorney in addition to a domestic violence defense attorney to understand the specific impact on your immigration status and explore potential defenses or remedies.
Yes, in Phoenix, there are diversion programs and alternative sentencing options available for some domestic violence cases. These programs are designed to provide rehabilitation and education rather than traditional punitive measures. They may include anger management classes, counseling, community service, or probation in lieu of incarceration. Whether you qualify for such programs depends on factors like the severity of the offense, your criminal history, and the discretion of the prosecutor and court. Consulting with a domestic violence defense attorney can help you explore these options and determine if they are suitable for your case.
The cost of hiring a domestic violence defense attorney in Phoenix can vary widely based on several factors, including the attorney's experience, reputation, and the complexity of your case. Attorneys typically charge hourly rates or flat fees for their services. Hourly rates can range from $150 to $500 or more per hour, while flat fees may range from a few thousand dollars to several thousand dollars for representation in a domestic violence case. Additionally, some attorneys offer free initial consultations, so you can discuss your case and get a better understanding of potential costs. It's essential to inquire about fees and payment arrangements during your initial consultation with an attorney to ensure transparency and align with your budget.
If you're wrongly accused of domestic violence in Phoenix, it's crucial to respond wisely. Stay calm, avoid contact with the accuser, and consult a domestic violence defense attorney. Gather evidence supporting your innocence, document events, identify witnesses, and be prepared for legal proceedings. Avoid discussing the case on social media, attend court as required, and follow your attorney's guidance. A strong defense is essential to protect your rights when facing such allegations.
Talk To Our Legal Experts Today
Domestic violence is not a crime that should be left alone for a long time because the impacts it has on the victims can be life-changing to the point they will be unable to fight for their rights and protect themselves even if they know what is happening to them is domestic violence. Whether it is you experiencing this form of violence at home or someone in your household, act immediately and reach out to a legal team who can help you escape from the abuse and get your abusers punished by the law.
The Law Office of Joshua A. Lopez, LLC can immediately mobilize to get you to safety and take the necessary legal action to protect you and your loved ones from further abuse. We will be your legal representative during the case and fight for the best outcome that will keep you safe. You can also trust us to have your back even after the case so you can make the right legal decisions to help you recover from the ordeal.
Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Domestic Violence Attorney.
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Josh reached out to me about my case and he was amazing and professional and super responsive! He answered all of my million questions and was in-depth about everything I asked. I ... read more