Domestic Violence Defense Attorney in Glendale, AZ
Every allegation that you have committed an act of violence or issued threats against another in Arizona is a serious matter. These accusations can result in a conviction that creates a criminal record, forces you to pay a fine, or leads to a jail sentence. In most instances, these penalties only apply when the court returns a conviction. A Glendale domestic violence defense lawyer could be a trusted ally for you.
However, if you have been accused of domestic violence, you may face penalties and restrictions on your freedom before your case even goes to trial. Here, an accuser can ask a court to create a restraining order that places limits on your daily life and familial relationships. This means that a mere accusation of wrongdoing can come with severe consequences if you do not fight back with help from a hardworking attorney.
At Grand Canyon Law Group, a Glendale criminal defense lawyer is prepared to work to protect your rights from day one.
For a free legal consultation with a domestic violence lawyer serving Glendale, call 480-400-5555
TYPES OF DOMESTIC VIOLENCE ALLEGATIONS
An allegation of harm against a family or household member could lead to an arrest for domestic violence. These accusations can involve actual physical harm, as well as situations where an alleged victim states that they do not feel safe. Typical examples of crimes alleged in domestic violence cases include:
- Assaults
- Harassment or stalking
- Child abuse
- Sex crimes
- Kidnapping
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WHAT IS DOMESTIC VIOLENCE OR SPOUSAL ABUSE?
It is not the nature of the alleged offense that makes a criminal charge an example of domestic violence. Instead, the identity of the alleged victim determines whether a case falls into this category. Arizona Revised Statutes § 13-3601 describes the identity of alleged victims that may allow a court to classify an accusation as one involving domestic violence.
Prominent examples include parents/children, romantic partners, spouses or former spouses, people with a child in common, and blood relations. If a court moves to name an alleged offense as one involving domestic violence, it can have a profound impact on a case.
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RESTRAINING ORDERS FOR DOMESTIC ABUSE
If a court classifies an allegation as one involving domestic violence, this allows an alleged victim to immediately ask the court to create a restraining order that requires a defendant to cease all contact. It is not unusual for these orders to force a person to move out of a home, quit a job, suspend their education, or lose contact with their children.
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FIGHTING DV ALLEGATIONS
At our Glendale office, a skilled family abuse attorney can work to persuade a court that these orders are not needed while a case moves forward. Our local attorneys also fight to defeat domestic violence allegations in court. We can evaluate the evidence a prosecutor intends to introduce in court and uncover information that could raise reasonable doubt in the minds of jurors. This could help to reduce the severity of a charge or even result in a total dismissal.
WHAT HAPPENS AFTER A DOMESTIC VIOLENCE ARREST IN GLENDALE?
When it comes to domestic violence, police often make arrests at the scene even if there are conflicting accounts. In fact, the police are obligated to arrest you on the spot if they have probable cause to believe a DV crime occurred, even if the damage is minor or the alleged victim does not want to press charges. Here’s what to expect after your arrest:
- Initial appearance. You’ll first make an initial court appearance. During this visit, the judge will set your bond. There are usually conditions of release, such as no-contact orders and counseling, even if you’re released on your own recognizance. Your first court appearance will occur at Glendale City Court if you’re facing misdemeanor charges or at Maricopa County Superior Court for felony domestic violence charges.
- Pretrial conference and motions. Your lawyer and the prosecution will both have the chance to file pretrial motions with the judge to suppress evidence or even have the case dismissed entirely. You’ll also have the chance to negotiate a plea deal before the trial starts. If you can get a good deal and an acquittal appears unlikely, this is a good approach to keeping costs low by avoiding an expensive trial.
- Trial. If there is no resolution during the pretrial conference, your domestic violence case will go to a jury trial. During the trial, both sides will have the chance to present arguments and evidence and interview witnesses. The judge will then instruct the jury, which will deliberate and return a verdict.
- Sentencing. If you’re found guilty, the judge will sentence you at a separate hearing. Your sentence will depend on the exact charges you’re convicted of.
POTENTIAL PENALTIES FOR DOMESTIC VIOLENCE IN ARIZONA
Because domestic violence charges range significantly in severity, penalties do, too. Charges range from misdemeanors that can leave you facing up to six months in jail and $2,500 in fines to felonies. Felony domestic violence charges can carry up to a 21-year prison sentence and fines of up to $150,000. Domestic violence offenders are often mandated to complete treatment programs, as well.
Factors such as the use of a weapon or a pregnant victim can increase the penalties for domestic violence, as can severe injury to the victim. Arguably, the most important aggravating factor is whether you have prior convictions. If you are convicted of a third domestic violence offense within seven years, you’ll be charged with aggravated domestic violence, a Class 5 felony that carries more severe punishments than misdemeanor domestic violence convictions.
POTENTIAL DEFENSES TO DOMESTIC VIOLENCE CHARGES
The defense your lawyer chooses to use will depend on the specifics of your case. Some of the most common legal defense strategies include:
- Self-defense
- Defense of others
- Mutual combat
- Accidental injury
- Mistaken identity
- Actual innocence
- False allegations
If the police entered your home unlawfully, any evidence they obtained during the visit could be thrown out in court, which can also lead to a dismissal. Let your lawyer know if you believe that your constitutional rights have been violated.
WHY HIRE A DOMESTIC VIOLENCE DEFENSE LAWYER?
More than one in three women and one in four men in the U.S. experience intimate partner violence during their lifetime. Because of this, domestic violence cases are taken very seriously in the legal system, and accusations can carry heavy consequences, even before a case goes to court. When you hire a domestic violence defense lawyer, we’ll help protect your rights, ensuring the case is handled fairly and based on evidence, not just assumptions.
They can review police reports, examine witness statements, and challenge weak or false claims. A lawyer also guides clients in understanding domestic violence defense laws, restraining orders, court hearings (which may be held at Glendale City Court on West Glendale Avenue), and possible plea deals. In a system shaped by serious social concerns and strong emotions, a defense lawyer works to keep the legal process balanced and just for everyone involved.
FAQs
Q: How Much Does a Lawyer Cost for a Domestic Violence Case?
A: The cost of a lawyer for a domestic violence case can vary widely. It depends on how complex the case is and the lawyer’s experience level. Some lawyers charge a flat fee, while others bill by the hour. Additional costs may include court fees or witness fees. Payment plans are sometimes available. It’s important to ask about fees upfront and make sure you understand what is included. Costs can increase if the case goes to trial or takes more time.
Q: When Should You Hire a Defense Attorney?
A: You should hire a Glendale domestic violence defense attorney as soon as you are arrested, charged, or under investigation for a crime. Early legal help can protect your rights and guide your actions. A defense attorney can explain the charges, help you avoid mistakes, and start building your defense right away.
Waiting too long can make your situation more difficult. The sooner you get help, the better your chances of understanding the process and improving your outcome.
Q: Can a Domestic Violence Misdemeanor Stop You From Getting a Job?
A: Yes, a domestic violence misdemeanor can impact your ability to get a job in Arizona. Employers often conduct background checks, and a conviction may raise concerns about trustworthiness, especially for positions involving vulnerable populations or requiring professional licenses.
Certain professions, such as healthcare, education, and law enforcement, may have stricter regulations and could deny employment or revoke licenses due to a domestic violence conviction.
Q: How Long Do Most Domestic Violence Cases Last?
A: The length of a domestic violence case can vary. The timeline depends on the case’s complexity, court schedules, and whether it goes to trial. Some cases resolve quickly through plea deals or dismissal, while others take longer due to evidence review or multiple hearings. Delays can happen for many reasons, including witness availability or legal motions. Each case is different, so there’s no set timeline.
Q: Is It Hard to Prove Domestic Violence?
A: Proving domestic violence can be difficult due to the nature of the crime, which often occurs in private settings with few witnesses. The case typically relies on evidence such as physical injuries, witness testimony, or police reports. In some situations, accusations may be false or unclear, complicating the process. However, with strong evidence, such as medical records or recordings, and solid domestic violence defense strategies, a case can be proven.
SPEAK WITH A GLENDALE DOMESTIC VIOLENCE ATTORNEY NOW
Unlike most other criminal allegations, accusations of domestic violence can come with immediate consequences. The alleged victims of these incidents can ask a court to create a restraining order that limits where they may travel, live, and work. This could force you to make major changes to your life. In addition, the criminal case can come with even harsher penalties and restrictions on your freedom.
Talking with a Glendale domestic violence lawyer at Grand Canyon Law Group could be the first step in protecting your way of life. Our dedicated attorneys work to explain your rights under the law, contest the need for a restraining order, and craft a defense to defeat the criminal charges at the heart of your case. Reach out to our firm today to make an appointment.
Call or text 480-400-5555 or complete a Free Case Evaluation form