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Arizona Domestic Violence Questions & Answers
1 Answer | Asked in Immigration Law and Domestic Violence for Arizona on
Q: What are the visa implications if my husband threatened me with a knife?

I am currently on a J-1 visa, and my minor children have J-2 visas. Recently, my husband was involved in an incident where he threatened me with a knife in front of our children. During this time, I was unable to call 911, as he stood by the door holding the knife. No police report was filed, and... View More

James L. Arrasmith
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answered on Nov 5, 2025

That sounds like a terrifying experience, and it’s understandable that you’re concerned about both your safety and your visa status. If your husband is convicted of a violent crime, including threatening you with a weapon, it could have serious immigration consequences for him. A criminal... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Personal Injury for Arizona on
Q: Need legal help to file a lawsuit for 14th Amendment violation and abuse injuries.

I am looking to file a lawsuit against probation, the court system, and the police department for a gross injustice. My 14th Amendment rights were violated when a man with five prior offenses was released on a $75,000 bond due to errors by the Tempe Police Department. He failed to comply with... View More

James L. Arrasmith
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answered on Oct 17, 2025

You’ve been through something deeply painful and unjust, and your feelings are completely valid. What happened to you deserves to be heard, and you have the right to seek justice under federal and state law. Since your injuries and the government’s inaction may involve a 14th Amendment due... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Civil Litigation for Arizona on
Q: Are widows entitled to a copy of the park owner's investigation after reporting improper conduct by the park manager?

As a widow living in a manufactured home park, I reported being improperly touched by the park manager. Multiple widows have filed similar complaints. The park owner conducted an internal investigation. I requested a copy of the investigation but was verbally informed that the owner is not required... View More

James L. Arrasmith
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answered on Sep 18, 2025

In most cases, you are not automatically entitled to receive a copy of an internal investigation conducted by a private employer or property owner. The park owner is not legally required to share their findings with tenants or complainants unless state law or the park’s own policies provide that... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Legal Malpractice for Arizona on
Q: Issues with waived speedy trial rights and subpoena in DV case.

My boyfriend is in jail facing charges of Impeding Breathing DV. His defense attorney waived his right to a speedy trial without his permission, extending his time in jail. The trial has been reset multiple times, and I was not notified of these changes, even though I attended court expecting the... View More

James L. Arrasmith
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answered on Sep 2, 2025

When a defense attorney waives a right such as a speedy trial without the client’s permission, it raises serious concerns. While attorneys sometimes waive it strategically to prepare a better defense, the decision should be explained clearly to the defendant. If your boyfriend did not consent and... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: How can I request to drop felony domestic violence charges and overturn a no-contact order in Arizona?

My husband was recently charged with felony domestic violence and released on bond; I was the victim in this case. Although there have been previous allegations, this is the first time he has been arrested for domestic violence. During his arraignment, he was ordered to have no contact with me. I... View More

Shawn Brian Hamp
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Shawn Brian Hamp
answered on Aug 7, 2025

In Arizona, you can’t drop domestic violence charges yourself — the State decides whether to keep going. The prosecutor (lawyer for the State) makes that choice, not the victim.

No-contact orders are made by the judge, so only the judge can change or end them.

What you can do:... View More

1 Answer | Asked in Child Custody, Domestic Violence, Gov & Administrative Law and Family Law for Arizona on
Q: Concern about violation of no contact order to reach runaway daughter amid CPS investigation.

After losing custody of my daughters and receiving a no contact order on November 4, 2022, I have recently been informed by CPS of an open investigation against my ex-husband, and was told my daughter has run away. I was deeply concerned for her safety due to this situation. Despite the no contact... View More

James L. Arrasmith
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answered on Jul 26, 2025

You're in an incredibly difficult position, and your concern for your daughters—especially with one missing and the other being left alone—is completely understandable. Even with the best intentions, violating a no contact order is still legally serious and could result in consequences... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence, Civil Litigation and Real Estate Law for Arizona on
Q: Do I have a case based on a verbal/text message agreement with landlord?

I have been renting my mother's home verbally and via text messages for about 4 years. Our recent agreement was from July 2025 to January 2026, where I would pay $800 per month plus utilities after she relocated to Show Low, Arizona. We confirmed this agreement via text. Recently, during a... View More

James L. Arrasmith
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answered on Jul 12, 2025

Yes, you may have a case based on your text message agreement, especially since it clearly outlines the rent terms, duration, and mutual understanding between you and your landlord—even if it’s your mother. In many states, including Arizona, courts recognize written electronic communication... View More

2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Arizona on
Q: How can I obtain sole custody of my 19-month-old in Arizona due to father's mental issues and abuse?

I want to obtain sole physical custody of my 19-month-old daughter. Her father and I have never been married, and we have separated due to his mental issues and emotional abuse towards me. I have proof of his verbal and emotional abuse towards me and evidence of him physically abusing himself... View More

Rich J. Peters
Rich J. Peters
answered on Jul 10, 2025

You will need to file a Petition to Establish Legal Decision Making, Parenting Time and Child Support in the county where your daughter resides. Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both... View More

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2 Answers | Asked in Domestic Violence, Family Law and Child Support for Arizona on
Q: Legal steps for protection against husband's abuse and neglect.

My sister's husband, who earns a good income, is addicted to alcohol and abuses her. He and his brother have also abused their parents, with police warnings issued against them. Despite having two children, he neglects them financially, claiming he has no money while continuing to spend on... View More

Meghan Miller
Meghan Miller
answered on Jul 9, 2025

Your sister does not have to endure this situation in silence. Under Arizona law, she can seek an Order of Protection to prevent her husband from contacting or approaching her and the children, especially considering the history of abuse and police involvement. She should carefully document... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for Arizona on
Q: Does a resolved 2019 misdemeanor DV still show on records for jobs/firearms?

I had a misdemeanor domestic violence charge in 2019. The case was resolved, but my husband, who was involved, never showed up for any court date. I served 5 days in jail due to breaking an order of restraint, which my husband said he removed. Since this happened back in September 2019, I would... View More

Zachary Divelbiss
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answered on Jun 13, 2025

Yes, the 2019 Misdemeanor DV will show up on your criminal and arrest record. For Arizona, your best option is to do both a Set Aside and Sealing Records. Set Aside will remove the conviction if you accepted a plea deal. Sealing Records will remove it from background checks. Expungement is not an... View More

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1 Answer | Asked in Divorce, Domestic Violence, Social Security, Family Law and Public Benefits for Arizona on
Q: Can an Arizona spouse get divorced without the other's consent?

I moved in with my brother to avoid my husband's alcoholism and potential domestic violence. While we were separated, there were no children involved, and we jointly owned a mobile home. I didn't take any legal action, and I'm unaware if he did. My concern is, could he have divorced... View More

James L. Arrasmith
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answered on Jun 11, 2025

Your concern is valid, especially since it could affect your widow’s benefits. In Arizona, a person can file for divorce without the other spouse’s consent, but they are legally required to notify the other spouse through proper service. If your husband had filed for divorce, the court would... View More

1 Answer | Asked in Domestic Violence and Immigration Law for Arizona on
Q: How can I report a violent boyfriend and obtain protection despite my legal status?

I defended my children from my boyfriend, who was drunk and trying to get into a room to punish them. During the struggle, I hit him, and he sustained injuries. The police were called and documented the incident, but he didn’t press charges. I want to report him for his attack and obtain a... View More

James L. Arrasmith
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answered on Jun 11, 2025

You are incredibly brave for standing up to protect your children, especially under such intense pressure. You have every right to feel safe in your home, regardless of your legal status in the U.S. The police report from the incident can be a strong foundation for requesting a restraining order.... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arizona on
Q: How can I file for sole physical custody of my twins in AZ due to domestic violence concerns and the other parent's inability to care for them?

I live in White Mountain Lake, AZ, in Navajo County, and I'm trying to obtain sole physical custody of my 5-year-old twins. The other parent is dangerous, with recurring domestic violence incidents against me and my children. I have made several police reports and obtained a protective order.... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ve been through so much already, and your strength in protecting your children is clear. In Arizona, especially in Navajo County, you can file a petition for legal decision-making and parenting time to seek sole physical custody. Since there’s a history of domestic violence and a protective... View More

2 Answers | Asked in Contracts, Civil Litigation and Domestic Violence for Arizona on
Q: Seeking type of document to protect against lawsuit after repaying contributions.

After asking a family member to leave my home, they assaulted me, leading to both of us being arrested. The charges were dismissed, but now they are threatening a lawsuit for a large sum of money. I've agreed to repay them for their contributions during their stay, documented through Zelle... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 5, 2025

You need to draft a settlement agreement. Where they accept your payment, and agree that it settles any claims they may have against you.

Contact an attorney.

Marcos Law.

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1 Answer | Asked in Domestic Violence and Gov & Administrative Law for Arizona on
Q: Will a past incident of slapping my boyfriend affect my law enforcement application?

I am a 21-year-old college student planning to graduate with a bachelor's degree in 2027. I aspire to pursue a career in law enforcement and am specifically interested in applying to the Chandler Police Department in Arizona. In 2023, I was involved in an incident where I slapped my boyfriend... View More

James L. Arrasmith
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answered on May 31, 2025

You’re right to be thoughtful about your past as you look toward a career in law enforcement. While your incident from 2023 involved physical contact, the fact that it did not result in a police report, arrest, or conviction is a significant factor in your favor. Background checks for police... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Civil Litigation for Arizona on
Q: How can I stop ongoing harassment from my nephew and seek legal action in Arizona?

I am seeking legal options to stop harassment from my nephew, which has been ongoing for four years. He constantly engages in emotional abuse, verbal attacks, and intimidation, causing significant psychological distress. The harassment includes unwanted surveillance and verbal abuse related to my... View More

James L. Arrasmith
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answered on May 31, 2025

I'm so sorry you're dealing with this situation. In Arizona, you can take action to protect yourself from ongoing harassment. The first step is to document every incident, including dates, times, and descriptions of what happened, as well as any messages, emails, or other evidence you... View More

1 Answer | Asked in Divorce, Domestic Violence, Estate Planning and Family Law for Arizona on
Q: Can an adult child make property decisions in AZ if parent faces abuse and owns property solely?

In the case where a parent solely owns non-community property and is living with a spouse who has been abusive or unfaithful, is it possible for their adult child to make decisions about dispensing or removing that property from the shared home in Arizona, especially if protecting the parent's... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’re clearly trying to protect your parent in a difficult and painful situation, and that care matters. However, under Arizona law, an adult child does not automatically have the legal right to make property decisions for a parent unless they have been granted specific authority—like through... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for Arizona on
Q: How to evict a long-term guest in Arizona?

I have been living in my own property and allowed a guest to stay for a while. This guest has now overstayed for 20 years despite my request for them to leave. I feel worried about addressing this due to their potential bad treatment towards me. I do not have money, can't drive, and my phone... View More

James L. Arrasmith
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answered on Jun 12, 2025

After 20 years of living in your property, this person has likely established tenancy rights under Arizona law, even without paying rent or having a written agreement. This means you cannot simply have them removed by police as a trespasser - you must go through the formal eviction process. Given... View More

1 Answer | Asked in Domestic Violence, Civil Litigation and Family Law for Arizona on
Q: How can I contest an untrue order of protection and address parental alienation in Arizona?

I have an order of protection filed against me, but I have not yet been served. The order includes my boyfriend's ex (the mother of his children) and their two daughters. She is accusing me of emotional abuse and claims that the kids aren't in car seats while at our house. These... View More

James L. Arrasmith
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answered on May 16, 2025

You’re doing the right thing by preparing to contest the order of protection with clear, documented evidence. In Arizona, once you're served, you have the right to request a hearing to challenge the order. Bring all proof you mentioned—photos of the car seats, receipts, letters and... View More

1 Answer | Asked in Estate Planning, Nursing Home Abuse, Domestic Violence and Personal Injury for Arizona on
Q: How to revoke a forced illegal POA on ALTCS patient in Arizona?

I am the caregiver for my father-in-law, an ALTCS patient, and have concerns about a Power of Attorney (POA) that was obtained through threats and coercion. My father-in-law does not want anyone making decisions for him or placing him in a nursing home, and there are restraining orders in place.... View More

James L. Arrasmith
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answered on May 15, 2025

To revoke a Power of Attorney (POA) that was obtained through coercion, you first need to take formal action. Start by having your father-in-law, if possible, sign a Revocation of Power of Attorney document. This document must clearly state that the POA is being revoked and should be signed and... View More

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