Chandler Domestic Violence Defense Attorney
Most people associate domestic violence with the physical assault of a spouse or partner. But in Arizona, many crimes can be prosecuted as domestic abuse if the alleged victim fits into one of numerous qualifying categories. Domestic violence does not need to be physical to be a crime, and the accused does not need to reside with the accuser for it to be charged as such.
These charges carry misdemeanor criminal penalties at a minimum and may include felony penalties depending on the crime and the history of the defendant. Such convictions could limit a person’s job opportunities and affect their ability to seek or maintain custody of their children. One of the best ways to navigate these accusations is to retain an experienced Chandler domestic violence lawyer. The criminal defense attorneys at the Grand Canyon Law Group could protect your rights and future opportunities.
For a free legal consultation with a domestic violence lawyer serving Chandler, call 480-400-5555
TYPES OF RELATIONSHIPS IN DOMESTIC VIOLENCE CASES
For a crime to be considered domestic violence, there must be a relationship between the alleged victim and the person accused. There are many types of relationships that qualify for the purposes of household violence charges.
The law does not define these relationships by gender, and anyone may be charged with domestic abuse against any other person regardless of gender dynamics. Under Arizona Revised Statutes, Title 13 §3601, these charges can be brought for certain crimes against:
- A spouse or former spouse
- Someone with whom the alleged perpetrator has or had a romantic or sexual relationship
- A roommate or housemate, regardless of whether the relationship involved sexual intimacy
- The parent of the accused’s child, or someone who is pregnant with the accused’s child
- Any relative, regardless of whether the relationship is by blood, marriage, adoption, or court order
- Any child who lives or has lived in the same household as the accused and is related to an adult who shares or has shared a household with the accused
If the alleged victim was pregnant at the time of the incident, the penalties potentially increase. If the alleged violence involved physical assault or a threat with a dangerous weapon, penalties may also be increased. Anyone accused of domestic violence should seek a local attorney immediately, as the consequences of conviction can be severe.
Chandler Domestic Violence Lawyer Near Me 480-400-5555
TYPES OF HOUSEHOLD ABUSE CRIMES IN CHANDLER
The law delineates multiple crimes that could come within the purview of domestic violence if the accuser or alleged victim meets the above criteria. Physical assault, negligent homicide, manslaughter, and murder could be charged as domestic abuse crimes if the alleged victim had a qualifying relationship with the accused.
However, many other crimes might be charged as household violence in certain circumstances, even if they do not involve physical harm. These include, but are not limited to:
- Harassment
- Intimidation
- Stalking
- Criminal damage or trespass
- Photographing or videotaping the alleged victim in private circumstances without consent
- Custodial interference
- Mistreatment of an animal
A knowledgeable DV lawyer in Chandler could further explain how certain behaviors could be classified under domestic violence charges.
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CONSEQUENCES OF DOMESTIC VIOLENCE CHARGES IN CHANDLER
Whenever law enforcement officers have probable cause to believe someone has committed domestic violence, they will arrest and book them into jail. The release conditions imposed by the court will be specific to the circumstances. The arrested person may face penalties and repercussions even before they have the chance to defend their case in court.
Working with legal counsel from the moment you are arrested is crucial to minimizing the consequences of domestic violence charges in Chandler. The dedicated attorneys at Grand Canyon Law Group can explain the penalties you face and work to mitigate the impact on your life.
IMMEDIATE CONSEQUENCES OF A DOMESTIC ABUSE CHARGE
Domestic violence is a serious allegation with severe repercussions. Upon conviction, a defendant faces immediate criminal consequences, including the following potential penalties:
- Jail time
- Fines
- Probation
- Loss of their civil rights
- Loss of their ability to possess a firearm
- Mandatory domestic violence treatment
Our skilled Chandler attorneys work to minimize the consequences in a domestic violence case by exploring every avenue for defense. Whether a defendant aims to defeat the charges at trial or negotiate a favorable plea deal, our legal team is prepared to fight tirelessly for their best interests.
LONG-TERM REPERCUSSIONS OF A FAMILY VIOLENCE CONVICTION
A criminal record will follow a person and continue to impact their lifelong after they serve their sentence. They will be unable to possess a weapon and may face other losses of rights after a conviction. The stigma of a domestic violence conviction could hinder their schooling, housing, and employment options. Additionally, a domestic violence offender will face harsher penalties for any subsequent offenses. Our experienced lawyers in Chandler understand the long-term repercussions of a domestic abuse charge and will work tirelessly to prevent a conviction.
CONSEQUENCES OF VIOLATING A PROTECTIVE ORDER IN CHANDLER
One common consequence of a domestic violence allegation is a protective order restricting the defendant’s freedom and movements. If they fail to abide by the provisions outlined in the order, they could be charged with a new criminal offense.
Protective order violations are generally misdemeanor offenses punishable by up to six months in jail, $2,500 in fines, and three years of probation. However, these charges can be brought as felony offenses in certain circumstances—for instance, if the person has prior domestic violence offenses. The consequences of a conviction here are much greater.
Anyone accused of violating a domestic violation protective order should contact our local attorneys to discuss the potential repercussions. At Grand Canyon Law Group, we know how to challenge these allegations and resolve the situation with minimal impact on the defendant’s life. For example, there may be insufficient evidence of contact between the defendant and the alleged victim, or the court may have served the order improperly. Often, many defenses are available to minimize the consequences of an alleged violation.
When you face allegations of crimes against a household member, it is crucial to understand the far-reaching repercussions these charges can have on your life. Your freedom, reputation, and way of life are at stake. Do not take any chances with your defense.
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PROTECTIVE ORDERS IN CHANDLER
Under Arizona law, a protective order restricts a person’s ability to contact somebody else or go to a certain location. A person alleging domestic violence or harassment may go to court to receive an order of protection. It does not take a high standard of proof to receive an order, but anyone who has an order issues against them as the right to challenge it.
If you have been served an order of protection, or if you need protection from an abuser, you deserve representation from a dedicated defense attorney at the Grand Canyon Law Group. Our lawyers can explain protective orders in Chandler and help you navigate these difficult situations. You have a way of life worth protecting, so get the legal help you need as soon as possible.
CIRCUMSTANCES FOR AN ORDER OF PROTECTION
If there is a recent accusation of harassment or domestic violence, a court may grant a protective order for the alleged victim. Generally, the events must have occurred within the past year. However, if a judge believes that domestic violence could occur in the near future, they may grant an order of protection even if nothing has happened yet.
Any person who is an alleged victim of domestic violence or harassment may apply for a protective order. Additionally, a parent or guardian may seek a protective order on behalf of a child.
HOW LONG DOES A PROTECTIVE ORDER LAST?
The order stays in place for a year from the date when it is served. If the accused person challenges the order of protection, they will go in front of a judge to argue their case. The judge must find a preponderance of the evidence for the alleged domestic violence to justify the order.
A persistent attorney at Grand Canyon Law Group can help an accused individual challenge a protective order in Chandler court. Alternatively, those who need safety from their current situation should reach out to our legal team as soon as possible for help securing a protective order.
TYPES OF PROTECTIVE MEASURES IN CHANDLER
The most common legal measure in domestic violence cases is an order of protection. This typically involves two parties who had a domestic relationship at one point. Less common is an injunction against harassment. This could involve parties who were not in a domestic relationship, such as co-workers or neighbors.
In either scenario, our experienced local attorneys can help a person seek the appropriate court order for their situation, be it domestic violence or a form of harassment, such as stalking. Those who are falsely accused of these offenses should also reach out to our legal team for help challenging protective orders and getting them dismissed or overturned.
HOW CAN A PROTECTIVE ORDER AFFECT A CRIMINAL CASE?
Having a civil protective order typically does not hurt a person in their criminal case. The prosecutor may not be able to use this as relevant evidence at trial. However, if an accused person goes to a hearing to challenge the protective order, they may need to give testimony. This information is sworn in court and could be used to incriminate the person in their criminal case.
On the other hand, a dismissal of an order of protection will not necessarily eliminate the criminal charge. Many times, the prosecutor and the criminal case will still move forward even if the order of protection gets dismissed.
RESTRICTIONS OF AN ORDER OF PROTECTION IN CHANDLER
When served with an order of protection, an accused person either needs to comply with it or challenge it. If a person chooses not to challenge the order, they must read it closely to understand all the legal requirements.
Some orders may simply ban a person from contacting their accuser, while other may restrict possession of firearms or traveling to certain addresses. It is best to consult a skilled local attorney at Grand Canyon Law Group on the requirements of a protective order and discuss whether to challenge it.
CONSEQUENCES OF VIOLATING A PROTECTIVE ORDER
If a person fails to abide by the provisions of a protective order, they can be charged with a new crime. A simple text message in violation of an order could constitute a new domestic violence charge or interference with judicial proceedings. Violations could be prosecuted as misdemeanors or felonies, such as aggravated harassment.
Regardless of whether the alleged victim says that it is okay to contact them, it is essential to comply with the protective order terms. Until the order is dismissed or vacated, violating the provisions could lead to serious consequences, including potential prison time. This is true regardless of the nature of the contact. Even a friendly message saying, “I hope you’re doing well” could lead to an arrest.
Texts, emails, and phone calls are common ways that people violate protective orders. Many times, violations stem from the other person reaching out to them to say that it is okay to contact them. However, if that person changes their mind at any point, they can show the evidence of communication to the court, leading to serious consequences for the accused individual.
WHEN WOULD SOMEONE BE CHARGED WITH DOMESTIC VIOLENCE?
Unlike other crimes, there is no single offense that constitutes domestic violence. Instead, the term encompasses virtually any criminal act of abuse committed by one household member or relative against another. The parties involved might include parents, children, siblings, spouses, ex-partners, or roommates.
Almost all misdemeanor domestic violence cases are charged as: disorderly conduct, assault, criminal damage, trespassing, or some combination of these charges.
Some of the most common acts that warrant domestic violence charges include:
- Slapping, hitting, or punching
- Hair pulling
- Biting
- Choking
- Kicking
- Yelling
- Threatening
Preventing a family member or housemate from eating or sleeping could also constitute domestic violence, as could forcing substance abuse or abandoning the victim in an unknown location. Depending on the circumstances, any such conduct could result in misdemeanor or felony charges.
POTENTIAL PENALTIES FOLLOWING A DOMESTIC VIOLENCE CONVICTION
If you have been charged with domestic violence, the potential penalties you are facing depend on a variety of factors, including:
- The circumstances of the incident in question
- The role that the alleged victim played
- Your criminal history
- The strength of the evidence against you
Even if these circumstances appear to be in your favor, it is wise to consult a local attorney. Fighting domestic violence charges is inherently challenging, and there is always a lot at stake.
In addition to the applicable criminal penalties, for example, which might include jail time and fines, domestic violence defendants face:
- The loss of child custody or visitation
- A driver’s license suspension
- Court-ordered counseling
- Restraining orders
- An obligation to pay the victim restitution
- Deportation
- The loss of professional licenses and certifications
- The loss of their right to possess a firearm
Convicted offenders can also expect to face hurdles when it comes to finding housing and securing employment because they have a domestic violence-related crime on their record.
CAN DOMESTIC VIOLENCE CHARGES BE DROPPED?
Virtually everyone has heated discussions with their loved ones from time to time. However, if charges result, there will be no way to downplay the situation.
Whether the scenario actually constituted domestic violence or was merely a yelling match that prompted the neighbors to call the police, you will have no control over the proceedings once law enforcement gets involved. Since domestic violence is a criminal matter and not a civil one, it is the prosecutor that has control over whether charges persist.
In other words, if someone calls 911 in the heat of the moment, the circumstances—and not those who are actually involved in the altercation—will determine what happens next. Individuals cannot drop domestic violence charges after they have cooled down and realized they were not actually being threatened. Once the wheels are in motion, whether the case proceeds will be up to the prosecutor. This is different than other states, and certainly different than TV in which we often hear about whether named victims want to “press charges” and seem to have complete control over whether their loved one is criminally charged.
EVIDENCE FOR PREPARING A DOMESTIC VIOLENCE DEFENSE
The first step after an arrest is to contact an attorney. A seasoned Chandler lawyer could begin gathering evidence that may help build a strong domestic violence defense. Our firm will collect all text messages, statements, police reports, medical records, and photographs to evaluate avenues for defending the case.
Evidence is presented at multiple stages of a domestic violence case, including plea negotiations, pretrial proceedings, and trial. When introducing evidence, the prosecutor and defense lawyer must prove its relevancy and authenticity.
DEFENDING AGAINST THE PROSECUTION’S CASE
The skilled attorneys at our Chandler office can defend against evidence that may harm the defendant’s case and work to get it dismissed. For example, suppose the police interview the defendant without reading their Miranda rights. Our defense lawyers can file motions to exclude that evidence from the domestic violence trial. In some situations, we may be able to file a pre-trial motion questioning the relevancy of a witness’s testimony.
COMMON DEFENSES IN DOMESTIC ABUSE CASES
One of the most common defense strategies in Chandler domestic violence cases is self-defense. Self-defense is any act responding to adequate force or provocation to defend oneself, one’s property, or another person. Our local attorneys are also experienced in arguing actual innocence or third-party defenses to family violence charges. We may also defend a case by highlighting a lack of evidence or victim cooperation.
At Grand Canyon Law Group, our former prosecutors know the law, courts, prosecutors, and processes involved in these cases. Having defended countless domestic abuse charges in Chandler, we can use this knowledge to tailor effective defenses for our clients. As soon as a defendant reaches out to us, we will listen to their story to understand their goals and expectations for the case. No two domestic abuse cases are the same, so it is crucial for a defense strategy to fit the unique facts of the situation.
A domestic violence arrest or accusation can be terrifying and overwhelming. You might want to explain your situation or defend yourself to the police to resolve the charges as quickly as possible. However, talking to the police before consulting a skilled lawyer can be a huge mistake.
Defending a domestic violence case in Chandler is difficult without significant legal experience. Without an attorney to protect your rights and best interests, you might say something incriminating or otherwise hurt your case. Let Grand Canyon Law Group explain your options and tailor an effective defense to your situation.
You may think your domestic abuse charge resulted from a misunderstanding or an overblown situation. Still, it is crucial to take the allegations seriously and contact legal counsel immediately. Trying to handle the situation on your own is a recipe for disaster.
CONTACT A CHANDLER DOMESTIC VIOLENCE ATTORNEY
The state of Arizona takes domestic violence seriously. The consequences can be devastating. However, if handled correctly, the damage can often be minimized or eliminated. It is a stressful process, but the right approach can often lead to a good result. It is imperative that you hire an experienced attorney who knows what constitutes domestic violence in Chandler and how to challenge any allegations made by the prosecution.
If you’ve been charged with a domestic violence-related offense, turn to Grand Canyon Law Group to determine the most strategic way to proceed. Attorneys David Lish and Ryan McPhie’s tenacious representation have earned them numerous accolades and awards, including a 10.0 Superb Avvo Rating and inclusion in the prestigious company of Super Lawyers®.
A person could be tried on domestic violence charges even if the alleged victim does not want to proceed with a case. District Attorneys often decide to go forward with prosecution in the absence of a cooperating accuser. Regardless of whether the alleged victim wants a case to go forward, conviction on these charges could affect many other aspects of your life beyond your relationships.
Don’t let your fate be decided by the prosecutor. You could face severe penalties or jail time without an experienced legal professional from the Grand Canyon Law Group to defend you against allegations. If you have been involved in an incident that resulted in household abuse, it is critically important to contact a Chandler domestic violence lawyer today.
Call or text 480-400-5555 or complete a Free Case Evaluation form