Scottsdale Domestic Violence Attorney
The existence of a domestic violence conviction on your permanent record can result in more than just legal penalties of hefty fines or jail time. It can affect your chances in any future custody battles, can harm your personal and professional reputation and relationships, and can impact future housing or employment opportunities. When facing domestic violence charges in Scottsdale, Arizona, retaining the services of a Scottsdale domestic violence lawyer can prove essential.
State prosecutors take the conviction of domestic charges very seriously, and you deserve to have someone on your side who takes the protection of your rights, freedoms, and future with just as much urgency. At The Law Office of Joshua A. Lopez, LLC, our team of dedicated professionals makes your defense our number one priority. Facing domestic violence charges can be frightening, and having an experienced advocate to support you can be crucial.
Domestic Violence
Call The Law Office of Joshua A. Lopez, LLC today at (844) 707-9356 for your Free Consultation!
How Domestic Violence Is Defined in Scottsdale, Arizona
There are many scenarios where a certain act can be considered domestic violence in the state of Arizona. Domestic violence occurs when various actions and behaviors occur between the accused individual and a victim who are in one of the following relationships:
- Marriage or have been formerly married
- A romantic or sexual relationship
- Blood relatives such as mothers, fathers, siblings, grandparents, grandchildren, etc.
- Relatives by marriage or court order
- Individuals who reside in the same household or used to reside in the same household
- Individuals who share a child together, either married or not
- The victim is carrying the child of the defendant or vice versa
- The victim is a child who is related by a former spouse, such as a stepchild to the defendant
- The victim is a child who resides in the same household as the individual accused of the crime
There are many different behaviors that can be classified as domestic violence in Arizona, but when cases arise, you need the legal assistance of a skilled Scottsdale domestic violence lawyer. Do not try to face these charges alone. The counsel and representation of an experienced criminal defense attorney offers you the greatest chance at a positive outcome for your domestic violence case.
Why Choose the Criminal Defense Lawyer at The Law Office of Joshua A. Lopez, LLC?
When facing charges of domestic violence in Scottsdale, Arizona, your future is at stake. Choosing to fight these charges with the assistance of legal representation can be crucial to mitigating any potential damage to your future and freedoms. At The Law Office of Joshua A. Lopez, LLC, our team is dedicated to putting in the work to protect your rights and to ensure you receive the fair legal treatment you deserve. You do not have to walk this path alone.
Our firm of legal professionals can help safeguard your future by taking the necessary steps to protect your reputation during the course of your domestic violence case. Before your hearing, your Scottsdale Domestic Violence attorney from The Law Office of Joshua A. Lopez, LLC can meet with you to educate you on your rights and discuss the possible options for your defense. We can also investigate the details of the charges brought against you and assist you in preparing for any negotiations or litigation.
What Are Acts of Domestic Violence in Scottsdale, Arizona?
There are several actions or behaviors that may be considered acts of domestic violence in Scottsdale, Arizona. These can include:
- Sexual abuse
- Child abuse
- Elder abuse
- Child neglect
- Elder neglect
- Negligent homicide
- Intimidation or threats
- Stalking
- Harassment
- Criminal trespass
- Breaking a court order, such as a restraining order
- Preventing the use of a telephone in an emergency situation
- Placing someone at the risk of serious physical injury or death
- Physical harm such as hitting, pushing, biting, kicking
- Unlawful imprisonment
- Kidnapping
- Assault
- Aggravated assault
- Murder
- Criminal damage
- Disorderly conduct
- Child custody interference
- Unlawful endangerment
- Emotional abuse
- Financial abuse
If you have been charged with any of these acts of domestic violence, it’s time to contact the team at The Law Office of Joshua A. Lopez, LLC. We can review the exact details of these alleged actions and determine the right option for your defense against all charges.
Penalties for Domestic Violence in Scottsdale, Arizona
Depending on the nature of the domestic violence crime that was allegedly committed, these crimes can be convicted as either a felony or a misdemeanor. These crimes can also carry additional charges, such as assault and battery, that will add to the penalties that are handed down. Potential penalties for a successful conviction of a domestic violence charge include:
- Fines, court fees, attorney fees, and other administrative expenses
- Probation
- Restitution to be paid to the victim
- Hours of community service
- The loss of the defendant’s right to bear and purchase arms
- The loss of certain professional licenses or certifications
- The loss of personal and professional relationships
- Having a permanent criminal record that can show up on a background check, therefore harming your employment and housing opportunities
- Mandatory counseling, anger management courses, or other education or treatment programs
Most domestic violence charges will be upgraded to a felony charge should the crime involve the use of a deadly weapon or serious physical harm being done to the victim. Charges can also increase should the defendant have a prior conviction of domestic violence on their record.
With the right criminal defense attorney on your side, you can gain confidence in knowing that someone is on your side, fighting against these penalties. If you have been falsely accused, these penalties can do irrevocable damage that will haunt you for the rest of your life. Right now, the most important thing to do is contact a Scottsdale domestic violence lawyer.
Common Defenses Against Domestic Violence Charges in Scottsdale, AZ
There are various defenses that may be used in a domestic violence case, depending on the nature of the crime that has allegedly been committed. With the assistance of a skilled criminal defense lawyer, possible defenses that may be used in your case can include:
- Acting in defense of yourself or in the defense of others
- You have been falsely accused
- You have an alibi that places you at a different location than that where the crime allegedly took place at the time of the offense
- Proving that no crime was actually committed
- The act of supposed domestic violence was actually just an accidental injury
- Proving that you are the wrong defendant or have been mistakenly identified
- Proving that the prosecution has insufficient evidence to prosecute
- The police have acted in a way that can be classified as misconduct
- Questioning the legitimacy of certain evidence
- Demonstrating that the defendant’s constitutional rights were violated, such as the lack of a warrant for a search and subsequent arrest or the denial of the right to counsel during questioning
- Demonstrating that the alleged victim has a reason to bring maliciously false accusations against you, such as in cases of child custody battles or paternity cases
- You were acting in the defense of your property
- You were acting in order to prevent an actual crime from taking place
- Demonstrating that certain witnesses for the prosecution are actually lying
- Proving that the alleged victim actually injured themselves by accident
- Demonstrating a lack of intent, negligence, or recklessness on your part
- A defense on the grounds of mental illness or instability
What to Do If You Are Arrested on Domestic Violence Charges in Scottsdale
If you find yourself arrested on the charges of domestic violence in Scottsdale, there are certain actions that you should do and certain things to avoid doing in order to protect your legal rights as much as possible. Following these tips can allow you and your lawyer to mitigate as much damage to your future as possible and can also help your future defense and its effectiveness. If you are arrested for domestic violence charges, the following steps are crucial:
- Avoid Saying Anything: It is your right to remain silent following an arrest in order to protect yourself from saying anything that could be used against you or anything that might be incriminating. You are allowed to kindly refuse to speak or answer any questions posed to you by law enforcement until your attorney has made themselves present and can counsel you on what to say and what not to say.
- Do Not Resist Your Arrest: It is important that you cooperate with the police, even if you have been falsely accused. If you try to resist your arrest, this can only lead to further charges being brought against you. Allow your arrest to take place, and lean on your criminal defense attorney to fight the charges later on.
- Contact a Criminal Defense Attorney: As soon as possible, contact a skilled criminal defense attorney who is well-versed in the laws surrounding domestic violence charges so that work can be started on your defense right away. The police will not be able to listen to your phone call with your attorney should you call them from the police station following your arrest.
- Obey Any Court Orders: It is essential that you do not miss any hearing dates or appearances in court. If you discover that a protection order or other court order has been filed against you, do not break this order or try to reach out to the alleged victim in the case. This will only make matters worse and cause it to become more difficult for your Scottsdale Domestic Violence attorney to do their job.
Begin Building a Defense with the Help of Your Scottsdale Domestic Violence Lawyer
Once you have retained the services of a Scottsdale, AZ domestic violence attorney, you can begin working together on your defense strategy. Your attorney can gather the necessary evidence and handle all negotiations with the prosecution on your behalf. The sooner you hire a criminal defense attorney, the better. They will offer you counsel on actions to avoid during this process.
Frequently Asked Questions
Though you do have the ability to defend yourself against criminal charges in Arizona, this can be an unwise choice, as defending yourself may place you at an increased risk of becoming convicted of the charges brought against you. You may also say or do something that can further incriminate you.
A domestic violence protection order, or a restraining order, is often put in place by the courts to protect alleged victims of domestic violence from further abuse. They can require the individual allegedly guilty of acts of domestic violence to have no contact with the victim for a certain period of time, move out of the home if the home is shared, and surrender any firearms owned to law enforcement individuals.
There are several forms of domestic violence protection orders that may be issued in Arizona. These can include emergency protection orders, which are often issued without a hearing but are only valid for a very short amount of time, a permanent order of protection, which must be issued by a judge, or a release order.
The cost of a criminal defense lawyer in Arizona can vary. When hiring a criminal defense lawyer in Arizona, you may be concerned about the cost. That is understandable, and it is good to understand that not all lawyers are created equally. It may be difficult to offer an exact average for how much it might cost to retain an attorney as factors such as their experience and the complexity of the case can impact their fees.
Call The Law Office of Joshua A. Lopez, LLC at (844) 609-0216 for your Consultation with a Phoenix Protective Order legal specialist.
Trust the Team at The Law Office of Joshua A. Lopez, LLC
If you or someone you love has been accused of domestic violence charges in Scottsdale, Arizona, the legal assistance of a criminal defense attorney is imperative. Contact The Law Office of Joshua A. Lopez, LLC today to learn more about how our firm can assist you during this difficult time.