Citrus Park Domestic Violence Defense Attorney
If you are accused of harming or threatening a family member, someone you had a relationship with, or even a roommate, you may face domestic violence charges. In these situations, it is crucial to speak with a Citrus Park domestic violence lawyer about your legal rights. You do not have to navigate the criminal proceedings alone. Working with an experienced attorney can help you dismiss allegations, clear your name, and avoid the harshest consequences of a criminal conviction.
The former prosecutors at Grand Canyon Law Group have successfully defended hundreds of clients from accusations of domestic violence. We know how the prosecution will work to build a case against you and can build an effective defense strategy to protect your best interests. Call us today to learn more.
For a free legal consultation with a domestic violence lawyer serving Citrus Park, call 480-400-5555
DEFINITION OF DOMESTIC VIOLENCE
Domestic violence is defined more from the relationship: there are certain relationships that qualify as domestic relationships, which is any family member or roommate who shares the same household, as well as anyone who has a child in common or is in a romantic relationship. Any criminal act where the alleged victim falls into one of those categories can qualify as a domestic violence act.
Citrus Park Domestic Violence Lawyer Near Me 480-400-5555
WHAT SHOULD YOU EXPECT TO HAPPEN?
If you have been arrested or charged with domestic violence in Citrus Park, there are a few things you can expect to happen. Typically, police officers will want to arrest someone and book them into custody. They will usually spend the night in jail, and within 24 hours a judge should review their release conditions.
In many situations, a judge will decide the defendant cannot return home or have contact with the alleged victim. That can have a ripple effect and complicate your life.
In the near-term, it is going to be a big change to be in custody and have no home to go back to. Don’t panic! Lawyers can get someone released from custody and persuade the court to allow contact, whether the contact is free, limited, or structured, or possibly allow them to go back home. In the medium or longer term, there will be court dates and other things you must attend while the case moves forward. Call the Grand Canyon Law Group quickly so you can put yourself in a better position.
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THE ROLE OF LAW ENFORCEMENT
Officers have several duties as it relates to domestic violence cases. Safety is going to be paramount and officers must make sure that the situation in the home is safe. They want to keep people from being in harm’s way, whether it is adults or children. If they believe they have sufficient evidence of a crime, most law enforcement agencies have policies that say that they must arrest a person, not just issue a citation and leave. They must take the person and book them into custody. It is crucially important to get legal advice from our team so you do not put yourself in this position.
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PROTECTIVE ORDERS
There are also the release conditions that a court can implement as a result of someone being charged with domestic violence in Citrus Park. Over and above that, the alleged victim can seek a separate order of protection, which is not necessarily tied to the criminal case. It is an independent order often from a different judge, where if that judge finds evidence of the possible domestic violence incident, even though the person has not been convicted, the court can issue an order. It tells the defendant not to have any contact, or go to certain places. That order is effective for a year regardless of the outcome in the criminal case.
The defendant in that protective order can challenge the order and argue that there is insufficient evidence to support it and they have a right to a hearing. The order could be withdrawn if the court does not find sufficient evidence of domestic violence.
DOMESTIC VIOLENCE LAWS AND PENALTIES IN CITRUS PARK
Arizona takes domestic abuse seriously, and a conviction on these charges can lead to harsh penalties. Domestic violence charges stem from accusations of violent behavior or threats from a partner, spouse, or another family member. This could include:
- Assault
- Disorderly conduct
- Criminal damage
- Sexual offenses
Other offenses might also fall under the umbrella of domestic violence, such as child abuse or elder abuse of a parent or other family members.
PENALTIES FOR DOMESTIC VIOLENCE OFFENSES
According to the Arizona Supreme Court, those convicted for a domestic violence offense face increased penalties compared to those who commit the same type of crime against a stranger.
A conviction generally comes with mandatory attendance in a domestic violence offender treatment program. There are other mandatory sentencing guidelines as well. For example, someone convicted of aggravated domestic violence must spend at least four months in jail before release and probation. When the stakes are this high, it is crucial for those accused of domestic abuse to work with a skilled local attorney.
ORDERS OF PROTECTION IN A DV CASE
Many domestic violence cases involve orders of protection. Those who fear for their well-being can request an order of protection to prevent the opposing party from contacting them. However, individuals and courts do not always use these orders properly. Courts may grant them based on false allegations, and there are numerous reasons why the subject of an order may wish to challenge it.
Our seasoned domestic violence lawyers can help accused Citrus Park residents contest orders of protection.
BUILDING A STRONG DEFENSE AGAINST DOMESTIC ABUSE ALLEGATIONS
Domestic violence accusations are serious and can lead to jail time, fines, and social stigma without proper legal representation. It is crucial to work with a Citrus Park attorney to reduce the domestic abuse charges, avoid a conviction, or fight for a more positive outcome.
YOU MAY QUALIFY FOR A DIVERSION PROGRAM
According to the Maricopa County Attorney’s Office, a diversion program may be available to those facing a first-time domestic violence charge. Diversion programs involve a contractual agreement between the prosecutor and the accused. The defendant agrees to meet certain requirements in exchange for having their charges dropped.
These requirements could include:
- Attending counseling
- Completing a required domestic violence program
- Not facing any additional charges during the program
Another name for this type of program is deferred prosecution. The offer must come from the prosecution, and what they call it will depend on the prosecuting agency. The knowledgeable lawyers at our firm can further explain these options to those facing domestic violence charges in Citrus Park.
UNDERSTANDING THE RISKS OF A DIVERSION PROGRAM
While a diversion program is a good option for many people, there are risks. Those who fail to meet the requirements could face charges with no opportunity to present a defense. However, a dedicated domestic violence attorney may be able to get a person accepted back into the program to complete the requirements. Diversion programs do not guarantee reacceptance, so it is important to remain in good standing.
PENALTIES FOR A DOMESTIC VIOLENCE CONVICTION
There will be a range of penalties depending on the crime that is committed. Misdemeanor offenses do not have a minimum consequence other than completing 26 weeks of domestic violence counseling and paying a mandatory minimum fine. If you are charged with a more serious felony, you could be looking at prison time, and if you had a previous conviction for domestic violence, judges may impose jail, probation, supervised probation, and additional classes or other sanctions.
CHILD CUSTODY AND VISITATION CONSEQUENCES
One of the biggest consequences of a domestic violence charge for people in Citrus Park is how it impacts child custody plans. If there was a domestic violence incident between spouses who are divorcing, and there are temporary custody orders, those custody orders may change if active domestic violence is proven. That may cause you to lose your ability to parent the child, or to have supervised visits as opposed to open visits. It may affect your ability to make legal decisions on behalf of the child as well.
The family court can look at evidence in police reports and determine whether you should be considered a danger to your child or partner, and limit your ability to contact the former partner for visitation. There may be limitations on how you do a handoff, or the visitation with the children may be limited to virtual visits or phone calls, if there is even any visitation at all.
VIOLATION OF A PROTECTIVE ORDER
There is a statute that requires people to obey judicial orders. If you were to violate the release conditions that a judge sets out as part of the criminal case, and there was evidence that you tried to make contact, you could be found in violation of that statute for violating a judicial order.
Likewise, if you violate the order of protection by contacting a person when you are not supposed to, then it is a Class 1 misdemeanor violation. If you violate that order by committing another act of domestic violence, which can include threats or harassment, then that could be charged as a felony violation of a court order.
The consequences can get severe quickly if someone in Citrus Park violates a judicial order for domestic violence.
BENEFITS OF A DOMESTIC VIOLENCE LAWYER
There is a lot that lawyers can do to change a defendant’s circumstances. After an arrest, a lawyer should be there to argue for your release so you are not held in custody or must pay a hefty bond to be released. Next, lawyers want to be able to argue about the release condition which may involve you coming home and having contact with your family. Additionally, if the court is not willing to give those freedoms right away, then lawyers can petition the court to revisit those release conditions later so you can go back to the family home.
Additionally, as the case progresses through the court, you need a competent attorney who knows how to navigate that process. It is often the best strategy to set these cases for trial, because sometimes the state’s proof is limited, or their case is dependent on a witness who may or may not even be cooperative with the prosecution.
CONNECT WITH A CITRUS PARK DOMESTIC VIOLENCE LAWYER TODAY
An allegation of domestic violence can upend your life if you do not take the right steps to protect yourself. Let a Citrus Park domestic violence lawyer handle your case and fight for your way of life. At Grand Canyon Law Group, our defense attorneys at former prosecutors with years of experience successfully handling these types of cases. Give us a call today to learn how we can advocate for you.
The acts that most commonly constitute domestic violence could involve criminal property damage, disorderly conduct or disturbance, kidnapping, child abuse or endangerment, sexual offenses, and assault, where somebody is either injured or threatened to be injured. The key aspect of domestic violence is that a relationship exists between the offender and alleged victim.
There is some important strategy that must take place as these cases move through the court system. Lawyers must be on the lookout for collateral consequences like custody and visitation with children. Handling those aspects in the right way will be critical for the outcome and long-term success of that person’s case.
Grand Canyon Law Group helps people like yourself mitigate the consequences of a domestic violence charge in Citrus Park. Call us when you need help.
We have handled these types of cases before and can explain what comes next. However, things can move fast so you need to call us as soon as possible. Grand Canyon Law Group is composed of former prosecutors who know what defendants in Citrus Park should expect when it comes to a domestic violence charge. Schedule a free consultation NOW.
Call or text 480-400-5555 or complete a Free Case Evaluation form