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Arizona Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Arizona on
Q: Can I still bail someone out even thought I'm the victim of domestic violence but pressed no charges against him.
Randi Sirlin
Randi Sirlin
answered on Apr 13, 2018

I would be happy to answer your question. If you were the victim of domestic violence, you definitely do not need to ask to press charges, but ultimately, it is up to the state to decide whether to prosecute or not.

If you need further information, please contact an experienced family law...
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2 Answers | Asked in Domestic Violence for Arizona on
Q: How do i fight a protection order that doesnt even have my name right. Its a totally different last name &mispelledfirst

My fiances aunt falsely accused us of threatening her and didnt get any of my info right. She has mental health issues and doesnt pay rent at all yet she lives with us and got us immediately removed. Am i allowed to go back to my and his house because of that? How is it she is allowed to stay in... View More

John R Gaertner Jr
John R Gaertner Jr
answered on Jan 17, 2018

File a request for a hearing in the court that issued the Order of Protection. The Aunt has the burden to prove her allegations against you.

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1 Answer | Asked in Domestic Violence for Arizona on
Q: Can you transfer court ordered DV classes from CA TO AZ and complete them in AZ
Ashelee Weeks
Ashelee Weeks
answered on Dec 11, 2017

You would likely have to get approval from the CA court and prosecutor, as well as find a similar program in AZ that would accept you and fill the CA requirements. You could talk to a CA defense attorney for a more informed answer re:CA processes.

1 Answer | Asked in Domestic Violence for Arizona on
Q: How long can a male 19 year old be put away for hitting a female minor?
Ashelee Weeks
Ashelee Weeks
answered on Nov 28, 2017

It depends on the facts, how the male was charged. For instance, assault can be charged as a misdemeanor (up to 6 months jail) or a felony (probation - jail - prison). This question is impossible to answer without more details- how old was the female, was there physical injury, the relationship... View More

1 Answer | Asked in Domestic Violence for Arizona on
Q: Is it possible to get a dissmisal on a 10 year old domestic violence case in phoenix AZ.
Dale S. Gribow
Dale S. Gribow
answered on Nov 10, 2017

it would depend on the facts....in calif if the police/DA/Court do not try to reach you for a year or more and you have not moved, then your lawyer could make a Serna motion for lack of timely prosecution...........i do not know what they do in AZ

1 Answer | Asked in Domestic Violence for Arizona on
Q: Both parties live in CA and were arrested in Arizona for domestic violence. Both parties want to dismiss case.

Both parties submitted dismissal forms to prosecutors office and both received continuances of their hearings. What is their next move.

Ashelee Weeks
Ashelee Weeks
answered on Sep 21, 2017

At this point, the State is prosecuting the case. The State does not typically dismiss DV cases just because the parties do not want to aid in prosecution. The next move would be to hire an experienced Arizona attorney to handle the case, including appearing at the next court hearing, gathering the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arizona on
Q: How can I get a man who is in CA to be charged with what he did here in AZ. I'm the victim and I have physical damage
Ashelee Weeks
Ashelee Weeks
answered on Sep 15, 2017

Call the police department and file a report.

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: will my conviction be over turned?

In AZ I plead guilty for a diversion program, completed late. Conviction went in. As a result of miscommunication. I was told to appear in court 12 months from 10 26 15. I requested a extension a week prior and found out I had a warrant and court date was for 10/17/16. Judge accepted the late... View More

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 1, 2017

Based on your question, it appears you have a conviction now. Dismissing the PTR does not reverse the conviction. Instead, it just means that you are believed to be in compliance with probation and as a result the probation matter is (at least temporarily) not going forward.

True...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: hello i was involved in a domestic violence case with my mom . i am 24 years old (victim). how can i drop charges

i only have a tiny scratch on my leg but may have been caused by me kicking a screen door.

Ashelee Weeks
Ashelee Weeks
answered on Jan 30, 2017

You can not "drop" charges. Once the police are involved and the individual has been charged it is up to the State. You can tell them you do not wish to prosecute, but in the end it is the State's call how to proceed. In domestic violence cases, it is very typical that the victim... View More

1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Arizona on
Q: Can I get a judge to apply res judicata in My case?

My ex girlfriend ended our relationship a little over a week ago. Since then, she has consistently manipulated me emotionally in order to achieve selfish goals (sleeping with another man), and has gone so far as having successfully been granted an order of protection against me--which has stated no... View More

Jay Hall
Jay Hall
answered on Oct 6, 2016

Res judicata is an affirmative defense that precludes a claim. It's unclear what effect you believe it will have on the competing orders of protection, but no, it won't affect the orders of protection nor the ability to obtain a new one once a current order expires.

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Arizona on
Q: If a domestic violence case is closed due to both parties denying anything took place, can it be reopened?

What if victim was scared or possibly threatened to not say anything to police at the time of the incident?

Jay Hall
Jay Hall
answered on Oct 5, 2016

The criminal implications of domestic violence makes this not a family law question. You'll need to ask a criminal attorney, but yes, cases closed or dismissed without prejudice can typically be reviewed and reopened for a certain period of time.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: the police were called by neighbors due to domestic violence between me and my husband once they got to my house they

questioned me about him and his brother eventually leading to a detective coming and told me if I refused to talk to them or let search my house, they would arrest me for domestic violence is this illegal for them to come to my house for domestic violence and then bribe me to talk to them so they... View More

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Sep 5, 2016

You have no obligation to talk to the police in a domestic dispute. The police must have probable cause to arrest you. However, they may have felt they had probable cause to charge you with a criminal offense (such as disorderly conduct) and will occasionally use the threat of an arrest to get... View More

1 Answer | Asked in Domestic Violence for Arizona on
Q: can I put a restraining order on my sons dad and his girlfriend?

I have proof of everything they say and do

I have a custody agreement with my son dad who has had no issues with before up until now. my son dad is involved with a gang affiliated married girl who has felony drug charges on her and is currently on probation and they both make threats. im... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

If you can prove the threats, they may support a protective order. I'd be cautious about this, though. Please evaluate whether you truly think it's necessary because if it's found to be needlessly filed, you could be responsible for any costs (including attorney's fees) incurred... View More

1 Answer | Asked in Domestic Violence for Arizona on
Q: I called the police when my girlfriend assaulted me with an object giving me a black eye. What happens next legally?

She was not arrested she left before police arrived & the officer called her on the phone. I guess she will be going to court

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I called the police on my bf when we were arguing and it got physical, I was 6months pregnant. What will happen to him?

I was 6 months pregnant and he pushed me to the floor. The police called the ambulance since I was pregnant. They saw I had a couple bruises on me and took pictures of them. I have proof those bruises are from the low blood cells I have. I tend to get random small bruises all the time. Myself and... View More

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I was wanting to know that I had my domestic violence expunged can I possess a firearm?
Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: My father was facing a dv charge but it was dismissed at least 5 months ago, can he try to reverse charges?
Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: What will happen to be with disorderly conduct per domestic violence?
Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: If my girlfriend was charged with domestic violence and isn't allowed in my home, will the cops drop by often to check?

Case is pending a few weeks. I do not wish to press charges.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I was arrested for Domestic Violence/assualt/and recklessness for my first offense. What will my charges be?

I was arrested on December 26th for Domestic Violence/Assualt/Recklessness and had a court hearing the following morning. The judge issued me a 250 dollar bond and another court date on december 31st. I went to court and my boyfriend told the prosecutor that he wasnt threatened by me and wanted me... View More

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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