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Domestic Violence Attorney in Phoenix, Arizona

What is Domestic Violence?

People often confuse domestic violence for a violent offense. However, domestic violence is a legal term used to describe a designation. The term domestic violence is not an independent crime, people are usually charged with a different offense and the domestic violence term is added to it.

So, What Does Domestic Violence Mean?

Under A.R.S. 13-3601 a crime can be considered domestic violence when any of the following apply:

  1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

  2. The victim and the defendant have a child in common.

  3. The victim or the defendant is pregnant by the other party.

  4. The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister or by marriage as a parent- in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law.

  5. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.

Some of the more common offenses charged that have the Domestic Violence designation are:

  • Assault

  • Disorderly Conduct

  • Interference with Judicial Proceedings

  • Unlawful Imprisonment

  • Threatening / Intimidating

  • Criminal Damage

  • Trespassing

Misdemeanor Sentencing Chart

misdemeanor sentencing chartDomestic violence offense usually includes counseling and domestic violence classes. A lot of the times police officers will remove someone from the home, and you can spend the night in jail. At that point you would be required to see a Judge and they will address your release conditions. In most situations, it is very common for the Judge to prevent you from returning to the scene of the crime (usually your home) and having contacting with the victim.

In some situations, the State may offer you a diversion plea which allows you to complete the Domestic Violence courses and ultimately get your charges dismissed. Often the Court or State will want to hear from the victims and that can also impact the outcome of your case.

Domestic violence cases that include a severe injury, weapon, or threats to children or an unborn child can be charged as a felony and even considered a Dangerous Crime Against Children.

If you or someone you know has been charged with a Domestic Violence offense, contact our office today to schedule a complimentary case evaluation.