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Arizona Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arizona on
Q: child abuse multidisciplinary account fee"Does that mean there was child abuse involved

The new girlfriend of my step daughter had a divorce in 2009 and one of the charges on docket said "child abuse multidisciplinary account fee" on it. Does that mean there was child abuse involved? And is that something that can make that person be prohibited from seeing my step daughter?

Mike Branum
Mike Branum answered on Jul 6, 2020

No and no. The "Child Abuse Multidisciplinary Account Fee" is like a 911 tax on your cell phone bill - just another sneaky way government has found to take your tax dollars and divert them into a government program which may or may not actually benefit anyone outside of government.

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: I was told due to my case I'm not appointed to an free Attorney?? Assualt

He spit in my face aggressively took my cell, I (admit) threw a small wood sign at wall, he then punched me in my mouth..my mouth bloody, (I was 5 months pregnant)I then called 911on home phone he disconnected phone line, State is pressing charges on me??? I cant afford a lawyer. Been with this man... Read more »

Mike Branum
Mike Branum answered on Feb 24, 2020

If you were charged with misdemeanor assault - DV, you are not entitled to a public defender because there is no jail time associated with the charges. There are agencies in Maricopa County whose mission is to assist women in leaving abusive relationships. Please seek the help of one of these... Read more »

2 Answers | Asked in Bankruptcy, Civil Rights, Domestic Violence and Small Claims for Arizona on
Q: My ex boyfriend sued me for gifs after I got an order of protection against him.

I was served while walking in to court for one of the orders of protection since he was appealing it. I didn’t respond because I was confused and I was waiting for a court date. Now I’m in default and they want to garnish my wages. I’m a single mom with only my income. I need help what can I do?

Diane L. Drain
Diane L. Drain answered on Feb 1, 2020

Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arizona on
Q: I was arrested and held for 6 days then let out lack of evidence can I sue?

I went to the police station to pick up an restraining order my ex gotand was charged with stalking and criminal damage

Mike Branum
Mike Branum answered on Sep 21, 2019

The question is never "can I sue?" (because that answer is always yes), but "SHOULD I sue?" (or "is it worth my time to sue?" In this case, the answer would be no. Law enforcement agencies are immune from most lawsuits and your suit would almost certainly fail very... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: How would i go about dropping a order of protection through the courts I've written letters and nothing please help
K. Bryan Goodman
K. Bryan Goodman answered on Aug 5, 2019

Only the judge can dismiss the order of protection and a hearing is often required to do so. I have included a link to the forms used in AZ courts for Orders of Protection. Go to page 17 and use the "Request" page to request the court dismiss the Order. You will have to explain why you... Read more »

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Arizona on
Q: Thank you for the response. Is there an attorney I may speak to here in Tucson. I would not be able to travel to Phx.
Rich J. Peters
Rich J. Peters answered on Apr 22, 2019

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.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arizona on
Q: Should I get a restraining order, request child support, or just go to court?

The father of my child and I are no longer together. He is not accepting that decision and barely supports his child. He helps pay for half of daycare each month but that's the only thing he helps with. I do not make him pay child support even though I am taking care of the major... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Dec 8, 2018

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... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: In a case of property damage under domestic violence, can the courty drug test and can you choose the test?

Considering there were no drugs involved -

Randi Sirlin
Randi Sirlin answered on Aug 28, 2018

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...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: I am out on bail and I missed my court date due to my boyfriend taking my car to work and I had no way of getting there

My boyfriend was supposed to be back in time for me to go to my scheduled court time and also watch our 2 yr old daughter

He was supposed to be back at 630am to give me plenty of time to get to court by 8am. I was coming from Phoenix to Tempe he didn't show up until noon. I have been... Read more »

Zachary Divelbiss
Zachary Divelbiss 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: How do I find a pro bono/sliding scale Attorney in Pima County for a 1st degree Murder Rule 11 case?

Even an attorney that can start the case by taking payments.

Zachary Divelbiss
Zachary Divelbiss 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: Arguing, a drunken boyfriend hits his girlfriend then threatens to hit her again is it a crime to pepper spray him?

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... Read more »

Zachary Divelbiss
Zachary Divelbiss 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... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: If I contest an order of protection and lose can I lose my gun rights? No weapons were involved at all

No weapons involved nor was anybody present when some dishes got broken

Randi Sirlin
Randi Sirlin answered on Jun 21, 2018

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

1 Answer | Asked in Domestic Violence and Wrongful Death for Arizona on
Q: It’s court ordered I let him claim my son for taxes every other year. Will I get in trouble if I don’t sign form 8332?
Mallory Powers
Mallory Powers 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... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: Can I still bail someone out even thought I'm the victim of domestic violence but pressed no charges against him.
Randi Sirlin
Randi Sirlin 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...
Read more »

2 Answers | Asked in Domestic Violence for Arizona on
Q: How do i fight a protection order that doesnt even have my name right. Its a totally different last name &mispelledfirst

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... Read more »

John R Gaertner Jr
John R Gaertner Jr 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.

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1 Answer | Asked in Domestic Violence for Arizona on
Q: Can you transfer court ordered DV classes from CA TO AZ and complete them in AZ
Ashelee Weeks
Ashelee Weeks 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.

1 Answer | Asked in Domestic Violence for Arizona on
Q: How long can a male 19 year old be put away for hitting a female minor?
Ashelee Weeks
Ashelee Weeks 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... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: Is it possible to get a dissmisal on a 10 year old domestic violence case in phoenix AZ.
Dale S. Gribow
Dale S. Gribow 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

1 Answer | Asked in Domestic Violence for Arizona on
Q: Both parties live in CA and were arrested in Arizona for domestic violence. Both parties want to dismiss case.

Both parties submitted dismissal forms to prosecutors office and both received continuances of their hearings. What is their next move.

Ashelee Weeks
Ashelee Weeks 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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arizona on
Q: How can I get a man who is in CA to be charged with what he did here in AZ. I'm the victim and I have physical damage
Ashelee Weeks
Ashelee Weeks answered on Sep 15, 2017

Call the police department and file a report.

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