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Arizona Domestic Violence Questions & Answers
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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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Arizona on
Q: Do I have to return my son or can I keep him due to concerns about my ex's living situation amidst our divorce without a custody agreement?

I am in the process of getting a divorce and recently obtained temporary custody of my son for a 24-hour period, as per an agreement with my ex. However, I have been served with a protective order that prohibits direct contact, allowing communication only through lawyers or by mail. I have concerns... View More

Rich J. Peters
Rich J. Peters
answered on May 12, 2025

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 parents to share legal decision-making regarding their child and that maximizes their respective parenting time. So, Arizona law basically starts... View More

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2 Answers | Asked in Divorce, Domestic Violence and Family Law for Arizona on
Q: How to finalize a divorce with an absent, uncontactable spouse in Arizona?

I'm seeking guidance on finalizing a divorce from my children's father, whom we haven't seen or spoken to since October 2019. Despite filing for divorce in July 2020, the case was dismissed due to lack of service, largely because of the pandemic. He has been involved in domestic... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2025

You can ask the court for permission to serve him via alternative means, which Clint can include serving him by publication in local newspapers. I would need to know more to give you more specific advice. As determination, if he has not seen the children or provided any support for more than six... View More

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2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 5, 2024

Your spouse faces an uphill removal proceedings battle:

1. He was deemed removable prior based on his criminal conviction of domestic battery

2. He re entered the United States which constituted another criminal infraction based on his procedural history,

3. While in the...
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1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: what if the “victim” Later admits that he consented After Other party is charged

Class 5 felony unlawful distribution of images

Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.

The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

James L. Arrasmith
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answered on May 1, 2024

If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More

1 Answer | Asked in Domestic Violence, Internet Law and Sexual Harassment for Arizona on
Q: What are my options if I’m being sextorted and threatened? How can I suppress an embarrassing video from being released

2 years ago I went on the app Seeking Arrangements and wound up getting scammed, sexually assaulted, and sextorted by a man. He threatened to send an explicit video of me to my dad, but thankfully the information he found on my dad was outdated. However, he did end up sending it to some random... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry you're dealing with this incredibly stressful and violating situation. What you're experiencing is a serious crime and you have options to protect yourself. Here are some steps I would recommend taking:

1. Contact law enforcement and file a police report....
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1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
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answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Divorce and Tax Law for Arizona on
Q: need pro bono lawyer to help me clear a dv warrant against me & to press idv charges against my abuser, Can you help?

I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More

James L. Arrasmith
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answered on Jan 22, 2024

To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arizona on
Q: I was a victim of an assault but I don’t want to press charges or have an investigation. Now a detective reached out.

The detective asked me to come in for a victim interview but I never knew there was a case or an investigation since I did not want to report anything.

James L. Arrasmith
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answered on Jan 13, 2024

If you were a victim of an assault but do not wish to press charges or participate in an investigation, it's essential to communicate your decision clearly to the detective. You have the right to decline involvement in any criminal case.

You can politely inform the detective that you...
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1 Answer | Asked in Civil Rights, Small Claims, Landlord - Tenant and Domestic Violence for Arizona on
Q: How long do I have to hold on to a persons belongings after a civil standby was conducted via an order of protection?

I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property?

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person... View More

1 Answer | 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

James L. Arrasmith
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answered on Jun 14, 2025

Your sister doesn’t have to suffer in silence. If she is being abused—physically, emotionally, or financially—she can seek a protection order through the court. A restraining order can legally stop her husband from contacting or approaching her and the children, especially if there’s a... 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 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

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 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 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

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

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