Tucson, AZ asked in Criminal Law and Domestic Violence for Arizona

Q: Can you get your case dismissed in Arizona before trial if you can prove the other party had a motive to fabricate?

If so, where is the case law that I can use in a motion to dismiss?

In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was the first to talk to them. I looked out the window and seen him choking himself, so I am assuming this is what he said I did. The cops knocked at the door, and I quietly just put my hands behind my back without them prompting. I went to jail. I was drinking, in order to gather the liquid courage to call them in the first place. Basically, I want to have the court dismiss this due to motivation to fabricate, he ended up staying on my property and I had to leave.

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.

A Motion to Dismiss is only appropriate where there is a legal defect in what was filed, e.g., the Court lacks jurisdiction, the Court is the wrong venue, etc.

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