My firm is only in Phoenix. Perhaps another Justia attorney (from Tucson) will reply.

We CAN conduct your free consultation by phone, and we do work in any Arizona county, including Pima County.

You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address... View More

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... View More

Zachary Divelbiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2018

When you turn yourself in, you will find that there is most likely a warrant that has been out for your arrest. When you arrive at court you will have to appear as a "walk-in" case so the judge can see you. The judge has the discretion to take you into custody, pay a bond or simply give... View More

Zachary Divelbiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2018

In Maricopa County the attorney has to be certified in order to be first chair in a capital case. That said, in my experience the court appointed capital attorneys are among the best and free to the defendant. It is extremely rare to find a private attorney who handles murder cases, much less to do... View More

Yes. They may revoke your Brady rights (your rights to have guns in your possession.

Zachary Divelbiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2018

This is an unfortunate situation that escalated further than both individuals would like. YES, both parties will likely be charged with Domestic Violence, Assault, Disorderly Conduct, and more. That being said, if she had to use pepper spray to defend herself then she will have a justified claim... View More

It is difficult to provide an answer without seeing the court order and knowing some more details. However, if your not signing the form 8332 would prohibit your child's father from taking the child as an exemption pursuant to a court order, then it is likely that he would be able to request... View More

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... View More

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.

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.

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

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

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

Call the police department and file a report.

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... View More

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

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

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.

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.