Spousal Abuse Attorney in Glendale, AZ
All couples argue, and sometimes things get out of control. However, when a heated confrontation with your spouse or partner leads to domestic violence charges, your future is at risk. You need to contact a Glendale spousal abuse lawyer.
Let a Glendale spousal abuse lawyer work to resolve the matter with minimal criminal consequences. The seasoned attorneys at Grand Canyon Law Group are ready to defend you and your way of life.
For a free legal consultation with a spousal abuse lawyer serving Glendale, call 480-400-5555
DOMESTIC VIOLENCE LAWS EXPLAINED
There is no specific spousal abuse law in Arizona. Prosecutors usually charge a domestic violence crime after a physical confrontation between people with familial or emotional ties. Depending on the alleged victim’s identity, assault, sexual assault, battery, unlawful imprisonment, and other crimes could be charged as domestic violence offenses. Some crimes against children could also be considered domestic violence.
According to Arizona Revised Statutes §13-3601, a crime is domestic violence when the parties are:
- Related by blood or marriage
- Married or were once married
- Living together or having once lived together as a couple
- Co-parents of a child, regardless of whether they ever lived together as a couple
The actions that led to the arrest determine what misdemeanor or felony charges the prosecutor files. Intimate partner violence and other domestic violence cases involve special procedures, which our diligent Glendale defense attorneys can further explain. We have an intimate knowledge of spousal abuse laws and how they pertain to different kinds of cases in Glendale.
Glendale Spousal Abuse Lawyer Near Me 480-400-5555
ARRESTS FOR INTIMATE PARTNER VIOLENCE IN GLENDALE
Arizona law allows a police officer to make a spousal abuse arrest if the officer has probable cause to believe an offense occurred. However, if the incident resulted in an injury or the alleged perpetrator brandished or used a weapon or dangerous instrument, the police must arrest them. The only exception is if the officer is confident the alleged victim is in no further danger.
Furthermore, prosecutors can pursue a spousal violence charge even when the alleged victim recants or withdraws their complaint. In addition, the prosecutor could request the court impose a restraining order on a defendant, barring them from contacting the alleged victim and requiring them to surrender their guns. Our seasoned spousal abuse lawyers in the area could help an accused person get a fair hearing and explain the limits of any restraining order the court imposes.
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RESOLVING DOMESTIC VIOLENCE CHARGES
Spousal abuse cases often proceed with limited evidence, especially in cases where the alleged victim does not want prosecution. It is often possible to obtain dismissal of charges in these circumstances. Sometimes, a prosecutor can dismiss a charge if the alleged offender completes a class on anger management or domestic violence awareness.
The Glendale spousal abuse attorneys at our firm can tailor a defense to the circumstances. If the parties are involved in a divorce or child custody dispute, questioning the complaining spouse’s motives can be an effective defense. Highlighting a lack of probable cause or other police misconduct could spur a prosecutor to dismiss the charge.
The situation is more challenging if the accused has prior domestic violence convictions—prosecutors are less likely to dismiss charges in these cases.
When an alleged offender has prior domestic violence convictions, a prosecutor could charge aggravated domestic violence (a Class 5 felony) even when the underlying crime is a misdemeanor. A conviction of aggravated domestic violence leads to a minimum of four months in prison, with mandatory minimum sentences increasing depending on the number of prior convictions.
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DEFENSES AGAINST SPOUSAL ABUSE ALLEGATIONS
Choosing the right defense strategy is integral to obtaining a positive outcome in your case. Your lawyer considers all the factors involved in your domestic violence case before determining how to move forward with your defense. Common defense strategies include:
- Self-defense
- Defense of others
- False accusations
- Lack of evidence
- Violation of rights
- Accidental injury
- Lack of intent
- Provocation as a mitigating factor
If you’re facing domestic abuse charges, don’t lose hope. One recent study showed that 63% to 97.2% of these cases do not end in a conviction. You can trust your lawyer to provide you with a robust defense against the charges when you get your day in court at the Maricopa County Superior Court.
FAQs
What Is Considered Abuse in a Marriage?
Behaviors that are considered abuse in a marriage involve using force or coercion to gain or maintain power or control over a partner. Abuse can be physical, sexual, emotional, psychological, or economic. It doesn’t have to involve actual violence. Any behaviors intended to frighten, intimidate, terrorize, manipulate, or humiliate someone can be considered abusive.
Can Your Spouse Testify Against You in an Abuse Case?
Your spouse can testify against you in an abuse case in Arizona. In some domestic violence situations, the court can even compel them to testify against you. While Arizona recognizes spousal privilege, it is overruled in situations that involve domestic violence against not just spouses but also children or cohabitants.
What Are the Characteristics of Perpetrators of Domestic Abuse?
Perpetrators of domestic abuse like to exert power and control over their victims. They tend to escalate their behaviors over time, typically starting out acting normally in the relationship, then intentionally utilizing violence or coercion to manipulate and terrorize their victims over a long period of time. Abusers often experience bursts of anger and are frequently negative. They may like to play mind games and exhibit a hostility toward authority.
What Are the General Signs That May Indicate Abuse Is Occurring?
The general signs that may indicate abuse is occurring include signs of physical abuse such as bruises or lacerations, the isolation of the person being abused from their friends and family, disrespect toward or about the person even in the presence of others, and denial about the abuse. Abusers often blame their victims for their own behaviors. They may also hide their abuse from others.
HIRE A SPOUSAL ABUSE LAWYER TO RESOLVE YOUR CHARGES
If you face charges resulting from a dispute with your spouse, your rights, freedom, and way of life are at stake. The court could impose a restraining order on you before you have the chance to offer a defense to the charges, and the order might ban you from your home and prevent you from contacting your children.
The first thing you should do when you find out you may be facing intimate partner violence allegations is to hire a spousal abuse lawyer. The team here at Grand Canyon Law Group can help. Let a Glendale spousal abuse lawyer work tirelessly to resolve the situation and protect your future. Contact us for a consultation as soon as you are arrested.
Call or text 480-400-5555 or complete a Free Case Evaluation form