Are You Looking for a Domestic Violence Legal Defense Lawyer In Tempe?
Over 25,000 arrests are made for domestic violence assaults in Arizona each year and the decision to arrest in these cases is often based on which individual calls the police. In a domestic abuse case, the police officer is required to make the arrest based on specific circumstances and not on independent witnesses as this can lead to a conflicting version of what has happened.
While domestic violence is generally associated with physical assault, it can take many forms. A domestic violence case can include anything including:
- disorderly conduct
- criminal trespassing
- criminal damage to goods or person
- threatening and intimidation
- violation of an order of protection
- interference with judicial proceedings
- prevention of the use of a telephone murder
- false imprisonment
- sex crimes
- custodial interference
- homicide, and
- child abuse
In Arizona, domestic abuse cases will often involve different types of domestic relationships including the following:
- spouses or ex-spouses
- dating couples
- couples with children or a common pregnancy
- parents with children
- grandparents with grandchildren
- siblings, and
In the majority of cases, the state of Arizona (State) will file charges against the offending party (Defendant) and actively pursue those charges regardless of whether the victim opts not to pursue the charges and refuses to participate in the prosecution. In some cases where the victim may be unwilling to participate, it is seen that the victim will change their version of events once the situation has calmed down. In these cases, the State will rely on the original report to pursue the case and bring criminal charges where the victim does not have any power to ‘drop’ the case. In these instances, the victim is merely a State’s witness.
A domestic violence charge can negatively influence the rest of a person’s life. In addition to undergoing incarceration, probation, court-enforced counseling, penalties, and a restriction on contact with the victim, it is common to lose valuable employment opportunities with the right to own a firearm. Domestic violence convictions can also influence a position in family court leading to a loss of custodial rights and restriction of visitation rights. Typically, when a DV case includes minor children the Department of Child Safety (previously the CPS) will visit the home to investigate the area and see if the children are at risk.
The circumstances of every case are different and nothing is common in being accused. A first-time offender will be more often than not be placed on probation and need to attend a domestic violence counseling program; however, he or she will also be required to serve several days in custody. Domestic diversion programs are also available for first-time offenders with the chance of full dismissal of charges once the program is completed.
If you are accused of a domestic violence crime, it is recommended you contact Robert A. Dodell now. Your freedom, rights and future life are at stake and it is essential that you speak with a domestic violence defense lawyer who has experience with these types of cases and the Department of Child Safety. Robert A. Dodell, Attorney at Law, can be contacted at 480-860-4321 or via email.