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Arizona Domestic Violence Questions & Answers
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:...
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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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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 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 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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