TUCSON domestic violence lawyer

If you have been charged with domestic violence, you need a dedicated and experienced Tucson domestic violence lawyer.

Our attorneys at Grabb & Durando specialize in domestic violence offenses, as well as a variety of other personal injury cases.

arizona domestic violence law

Arizona Revised Statutes 13-3601 defines domestic violence as any dangerous or violent act or threat of violence against a child or step-child, a current or former spouse, the parent of your child, a woman pregnant with your child, a current or former romantic or sexual partner, a parent, a grandparent, a sibling, any person related by blood or marriage, or any person living in the same household.

The law provides certain factors that the court must consider when determining whether or not there is domestic violence in a relationship.

These factors include:

The nature of the relationship between the accused and the alleged victim of the crime
The length of the relationship if it is current, or how long it went on if it is former
How often the accused and the alleged victim interacted with one another
Whether the relationship is ongoing or has been terminated and if it was terminated, how much time has passed since the relationship ended

Domestic violence often involves assault.

Under ARS 13-1203, a person commits assault in Arizona by:

Intentionally, knowingly, or recklessly causing physical harm to another person
Placing another person in imminent physical danger
Touching another person with the intent to injure, insult, or provoke them

DOMESTIC VIOLENCE CHARGES

The gravity of a domestic violence charge depends on factors such as the severity of the victim’s injuries, whether or not a minor was present, and whether a protective or restraining order was violated. Criminal history is also a factor. The charge can be categorized as a misdemeanor or felony offense.

In Arizona, domestic violence crimes are most often categorized as class 1 misdemeanors, the highest level in the state. Penalties include jail time, fines and fees, counseling and domestic violence classes, and a probation period. At its most severe, a Class 1 misdemeanor conviction for domestic violence can constitute up to six months of jail time, fines and fees of $2,500 plus surcharges, 52 hours of counseling and classes, and up to five years of probation.

Domestic violence charges are also often attached to a number of other offenses that do not necessarily have to include violent conduct.

The most common offenses the domestic violence label is attached to are:

Threats and intimidation
Assault and aggravated assault
Unlawful imprisonment
Criminal trespass and criminal damage
Interference with judicial proceedings
Disorderly conduct
Preventing use of a phone in an emergencytime has passed since the relationship ended

Once a domestic violence charge is filed, the alleged victim of the crime becomes a witness for the state and cannot drop the charges. Only the prosecutor and the judge have the ability to dismiss the case.

misdemeanor conviction for domestic violence can constitute up to six months of jail time, fines and fees of $2,500 plus surcharges, 52 hours of counseling and classes, and up to five years of probation.

Domestic violence charges are also often attached to a number of other offenses that do not necessarily have to include violent conduct.

EFFECTS OF DOMESTIC VIOLENCE

Being accused of domestic violence can have devastating effects on your life. Those accused are often served with a protection or restraining order, which can be obtained without reporting a domestic violence incident or contacting the police.

Restraining orders can:

Remove you from your home if you live with the alleged victim.
Bare you from contacting the victim for any reason.
Cause you to lose the right to unsupervised visits with your children.
Cause you to lose the right to possess firearms or ammunition.
Cause you to lose your job.

If you violate the order, you could also go to jail.

The Importance of an Experienced Tucson Domestic Violence Attorney

To avoid the life-changing effects of a domestic violence charge or restraining order, you need an experienced attorney to represent your case. A skilled attorney understands the numerous ways to defend against these allegations and can combat the vast array of resources that prosecutors use in domestic violence cases. To modify, reduce, or dismiss the charge or order altogether, finding the right legal representation is crucial.

ARE YOU FACING DOMESTIC VIOLENCE CHARGES ?

If you have been accused of any type of domestic violence or served with papers for a protective or restraining order, contact Grabb & Durando. Our team of dedicated defense attorneys will carefully review your case and build you the strongest defense possible under the law. We will be by your side every step of the way.