Mesa, AZ asked in Criminal Law and Civil Rights for Arizona

Q: What are the laws on someone being charged for DV months afterwards, with no police report being filed at the time

There was no report filed when the so called DV happened more than month later arrested then three months later charged for something said after the DV occurred. Please tell me that cannot happen is there a law on how long someone can be charged with,DV after the incident occurs. From arizona happened in apache county. I need any thing at this point due to it affecting my daughter and I now

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: The statute of limitations for misdemeanor offenses in the State of Arizona is one year. If the police or prosecutor obtain evidence of a crime, they may charge an individual any time up to one year after the occurrence which they consider a criminal offense. Filing of a police report is not a requirement prior to charging an individual with a crime. If you qualify for a public defender, you need to request one at your first opportunity and work with them to determine how best to handle the charges against you. If you do not qualify for a public defender, you need to hire private defense counsel immediately to protect your rights. Domestic violence charges in Arizona are serious and can affect your civil rights long after all sentencing requirements have been completed. As you are apparently also aware, a DV conviction is a significant factor in determining child custody, parenting time, and whether or not a parent is allowed unsupervised visitation.

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