There is no denying that domestic violence charges in Arizona have high-stakes. Emotions run high for everyone involved and the legal consequences are immediate. One common, and dangerous, misconception about domestic violence is that if the alleged victim decides not to press charges, the police will leave and the situation is resolved.
In Arizona, whether or not the someone is arrested for domestic violence lies with the state, not the individuals involved. If you find yourself involved with a domestic violence investigation, it’s critical that you understand the process and your rights.
Arizona Domestic Violence Mandatory Arrest
Domestic violence in Arizona is not defined as a specific crime, but rather, its roughly defined as a relationship between the victim and defendant in addition to other offenses such as criminal damage, disorderly conduct and assault per ARS 13-3601. That relationship between the parties can be a blood relation or something more casual such as an ex-partner.
Often times, when police respond to a domestic violence call in Arizona it is more likely than not that an arrest will happen. Under the Arizona Mandatory Arrest Law ARS 13-3601, officers are required to make an arrest. This is especially true when there is physical injury or a weapon involved. This move is intended to protect the victim, even if the victim does not want an arrest.
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What to Expect Following a Domestic Violence Arrest
Immediately following a domestic violence arrest in Arizona, you will be transported to a local precinct or jail for fingerprinting and photographs. Whether you are in Maricopa County, Pinal County, Pima County or Coconino County, the process moves quickly.
Typically, you will have an initial appearance with a judge within 24 hours of your arrest. The judge will determine your release conditions, if eligible, and set your next court date. In most situations, your release conditions will prohibit you from having any contact with the alleged victim. This no contact order is a condition that you must follow even if you live with the alleged victim.
Due to the swift and often very restrictive consequences of these types of charges, it is important that you contact an experienced domestic violence defense lawyer immediately. Early legal intervention is critical in protecting your rights.
Why You Need Legal Intervention Now
From the moment police arrived at the situation, the state began building a case against you. At Grand Canyon Law Group, we know that your arrest is not a conviction. Our former prosecutors know the ins-and-outs of Arizona domestic violence cases.
When you hire our skilled domestic violence defense lawyers in Phoenix, our team will intervene and help to mitigate the situation. We may be able to help in a variety of ways. This could be modifying your release conditions, gathering evidence or finding inconsistencies that were missed by police. In addition, our team can negotiate with prosecutors to advocate for your rights and possible alternative programs that may dismiss any charges.
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Long-Term Consequences of a Domestic Violence Conviction
While the immediate threats of a domestic violence charges in Arizona can feel heavy, the long-term effects of a conviction can follow you for the rest of your life. Notably, your Second Amendment rights, under both federal and state law, can be impacted, resulting in permanent loss of your right to possess a firearm. This loss can be the result of even a misdemeanor domestic violence conviction.
Domestic violence convictions can negatively impact professional licenses. Healthcare workers, educators, security and public safety officers, commercial drivers, and other specialized fields can be affected. Many of these professions require mandatory reporting and can result in disciplinary hearings or the total revocation of your license.
Furthermore, consider future jobs that may require a fingerprint clearance card. Having an Arizona domestic violence conviction could give future employers concern. This could result in employers denying your employment eligibility altogether.
In addition, it is important to know that domestic violence convictions in Arizona cannot be expunged. However, there are other legal avenues to potentially clear your record or hide it from public view if you meet the ARS 13-911 criteria.
Lastly, as with any criminal conviction, a domestic violence charge, can be weaponized against you in Family Court situations. Domestic violence convictions can impact custody disputes. A judge may use the conviction as a basis to severely limit your visitation or legal decision-making rights regarding your children.
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Contact an Experienced Attorney Now for Your Domestic Violence Charges in Arizona
Take control of your future now by contacting Grand Canyon Law Group. We have years of experience navigating domestic violence cases throughout Arizona. Whether you are in Phoenix, Tucson, Flagstaff, Yuma, or Show Low, we are here to help you through your domestic violence charges. We help good people accused of domestic violence take control of their case and save their future.
Contact us now by calling 480-573-6441 and let us help you start building your defense.
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