Montrose, CA asked in Domestic Violence and Criminal Law for Arizona

Q: In a case of property damage under domestic violence, can the courty drug test and can you choose the test?

Considering there were no drugs involved -

1 Lawyer Answer
Randi Sirlin
Randi Sirlin
  • Phoenix, AZ
  • Licensed in Arizona

A: Before I answer your questions, I would want more information. Was someone convicted of domestic violence for property damage? Did the State get involved in terms of charging the perpetrator? Did the victim desire prosecution? Did the victim agree to testify?

If you have a family law matter pending in the Superior Court of Maricopa County, your judge will likely take over jurisdiction for your case and can definitely order drug testing. To the best of my knowledge, the person being tested would not be able to choose the test.

In my experience, it is usually started with a hair follicle test and then there are many options the Court can take, including requiring the person to test through a court-affiliated testing site, requiring the person to enroll in FACT court, AA meetings, etc.

I suggest you contact an experienced family law attorney for assistance with your matter.

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