Both are on the lease of the home a couple are arguing until the girlfriend locks him out. He leaves returning back drunk, demands entrance, she opens door when he starts swinging as hes going to strike her and does on her face, but the two continue arguing. He then starts swinging to hit her... View More 
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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
answered on Apr 25, 2018
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
answered on Apr 13, 2018
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
My fiances aunt falsely accused us of threatening her and didnt get any of my info right. She has mental health issues and doesnt pay rent at all yet she lives with us and got us immediately removed. Am i allowed to go back to my and his house because of that? How is it she is allowed to stay in... View More
answered on Jan 17, 2018
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.
answered on Dec 11, 2017
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.
answered on Nov 28, 2017
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
answered on Nov 10, 2017
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
Both parties submitted dismissal forms to prosecutors office and both received continuances of their hearings. What is their next move.
answered on Sep 21, 2017
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
In AZ I plead guilty for a diversion program, completed late. Conviction went in. As a result of miscommunication. I was told to appear in court 12 months from 10 26 15. I requested a extension a week prior and found out I had a warrant and court date was for 10/17/16. Judge accepted the late... View More
answered on Feb 1, 2017
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
i only have a tiny scratch on my leg but may have been caused by me kicking a screen door.
answered on Jan 30, 2017
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
questioned me about him and his brother eventually leading to a detective coming and told me if I refused to talk to them or let search my house, they would arrest me for domestic violence is this illegal for them to come to my house for domestic violence and then bribe me to talk to them so they... View More
answered on Sep 5, 2016
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
My ex girlfriend ended our relationship a little over a week ago. Since then, she has consistently manipulated me emotionally in order to achieve selfish goals (sleeping with another man), and has gone so far as having successfully been granted an order of protection against me--which has stated no... View More
answered on Oct 6, 2016
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.
What if victim was scared or possibly threatened to not say anything to police at the time of the incident?
answered on Oct 5, 2016
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.
I have proof of everything they say and do
I have a custody agreement with my son dad who has had no issues with before up until now. my son dad is involved with a gang affiliated married girl who has felony drug charges on her and is currently on probation and they both make threats. im... View More
answered on Jan 25, 2016
If you can prove the threats, they may support a protective order. I'd be cautious about this, though. Please evaluate whether you truly think it's necessary because if it's found to be needlessly filed, you could be responsible for any costs (including attorney's fees) incurred... View More
gun rights? If not how long until I get them reinstated?
answered on Sep 17, 2015
Did you get convicted? If not, you still have the right to keep and bear arms, unless restricted by the terms of your release (assuming you were released on bail or something like that. Obviously if you are incarcerated you cannot possess a weapon there).
If you were convicted, that... View More
It was a disorderly conduct - domestic violence misdeamenor charge. Does it follow under this category?
answered on Sep 17, 2015
No statute is listed in your question.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem... View More
answered on Sep 11, 2015
You can contact the police department and verify.
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Please Take Notice: I am not your lawyer unless we enter into an engagement... View More
Can I get into trouble if I report this?
answered on Aug 5, 2015
Hard to follow. Incomplete words. Seek legal counsel right away.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your... View More
He was arrested last night and he has court at 10. They're saying that immigration I'll take him if I don't drop the charges. The thing is I never said to the officer that I want to press charges.
answered on Aug 17, 2015
There aren't a lot of lawyers on this site answering either Arizona criminal law or immigration questions. You can use the Find a Lawyer tool to look for lawyers.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general... View More
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