Understanding Arizona Domestic Violence Laws
Every relationship has its troubles, its disagreements and fall-outs, its ups and downs. The passionate nature of most relationships can make such arguments volatile. But there is a line between vigorous disagreement and violence. If you have not crossed it, then you should not be arrested and charged for doing so.
What is Domestic Violence?
According to the state of Arizona, domestic violence consists of any criminal act of abuse committed by one family member against another. Domestic abuse can be physical, emotional, sexual, or economic. It can consist of any of the following specific acts:
-Assault and battery
How to Respond to Domestic Violence Charges
If you are married to or in a serious relationship with another person, you will be constantly in their personal space, you will be physical with one another, and you will be involved with one another’s lives in various ways. How you interact with your significant other can often be misread by other people. If someone has called the authorities because they believe you are in a violent domestic dispute with your partner, you should retain legal counsel immediately. You will need to protect yourself. The clarity and reasonableness of Arizona domestic violence law allow you to do that.
It is important to take the charge of domestic violence seriously. If you are found guilty, you can be sentenced to prison and be fined a significant amount of money.
The intervention of a lawyer is crucial, as it may prevent the case from going to the DA’s office. You may be able to resolve the dispute at the police station before any formal charges are filed. Once the latter happens, the case will go to the district attorney.
Domestic abuse victims cannot drop domestic abuse charges. The victim is a witness for the state and has no authority to drop charges. Domestic abuse charges are aggressively prosecuted, and the district attorney is the only one who can drop them. And even then, the action must be approved by a judge.
Other Measures You Should Prepare to Defend Against
A criminal prosecution is not the only thing you must be prepared to defend against if you have been accused of domestic violence. Your partner may get a restraining or protective order against you. They can also launch a civil lawsuit to recover losses and expenses related to medical bills and pain and suffering. If you have children together, they may try to modify the child custody agreement so that you see less of your child. They may even seek sole custody.
Any of these measures can cause you harm. If a restraining order is taken out against you, it can have a negative impact on your career or your prospects for finding a new job. Being the defendant in a lawsuit in which you are asked to pay money for medical bills that are the result of your violence can likewise hurt your livelihood and reputation. You should also not be deprived of your right to be a parent to your children for things that you have not done.
If you have been in a serious dispute with your partner, you should try to resolve it before things spin out of control. If this is not possible, then you should seek legal counsel. It is the only way to preserve your rights and to protect your material interests. You should not be made to suffer for violence that you never committed.
For more information about Arizona domestic violence laws, go to Hernandez-hamilton.com/practice-areas/national-criminal-defense-law-firm-in-arizona/domestic-violence/.
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