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Arizona Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: will my conviction be over turned?

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... Read more »

Matthew Maerowitz
Matthew Maerowitz 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...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: hello i was involved in a domestic violence case with my mom . i am 24 years old (victim). how can i drop charges

i only have a tiny scratch on my leg but may have been caused by me kicking a screen door.

Ashelee Weeks
Ashelee Weeks 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... Read more »

1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Arizona on
Q: Can I get a judge to apply res judicata in My case?

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... Read more »

Jay Hall
Jay Hall 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.

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Arizona on
Q: If a domestic violence case is closed due to both parties denying anything took place, can it be reopened?

What if victim was scared or possibly threatened to not say anything to police at the time of the incident?

Jay Hall
Jay Hall 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.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: the police were called by neighbors due to domestic violence between me and my husband once they got to my house they

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... Read more »

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: can I put a restraining order on my sons dad and his girlfriend?

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... Read more »

Jay Hall
Jay Hall 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... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: I called the police when my girlfriend assaulted me with an object giving me a black eye. What happens next legally?

She was not arrested she left before police arrived & the officer called her on the phone. I guess she will be going to court

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I called the police on my bf when we were arguing and it got physical, I was 6months pregnant. What will happen to him?

I was 6 months pregnant and he pushed me to the floor. The police called the ambulance since I was pregnant. They saw I had a couple bruises on me and took pictures of them. I have proof those bruises are from the low blood cells I have. I tend to get random small bruises all the time. Myself and... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I was wanting to know that I had my domestic violence expunged can I possess a firearm?
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: My father was facing a dv charge but it was dismissed at least 5 months ago, can he try to reverse charges?
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: What will happen to be with disorderly conduct per domestic violence?
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: If my girlfriend was charged with domestic violence and isn't allowed in my home, will the cops drop by often to check?

Case is pending a few weeks. I do not wish to press charges.

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I was arrested for Domestic Violence/assualt/and recklessness for my first offense. What will my charges be?

I was arrested on December 26th for Domestic Violence/Assualt/Recklessness and had a court hearing the following morning. The judge issued me a 250 dollar bond and another court date on december 31st. I went to court and my boyfriend told the prosecutor that he wasnt threatened by me and wanted me... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: Do I legally have to be given a copy of the protection order on the date it is served?
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It...
Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: Is a judge supposed to not give custody to my kids dad because he was showing domestic violence in front of my kids?
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It...
Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: What happens to first offenders for assault on female, domestic violence in the state of Arizona
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It...
Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: I was hit and sexually assaulted by an ex 3 months ago. I was too afraid to report it at the time. Is it too late?

The police came to the house that night. His child had called the cops. His ex wife came to get the children and take them away from the scene. His daughter heard him hitting me. I had a split inside my lip but did not show the cops. I was afraid to report it at the time. I continued seeing him and... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It...
Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: Under ARS 13-1602 Subsection B.6 what crime needs to be committed to fall under this section
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering criminal or family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I got charged with a class one misdemeanor domestic violence for interfering with judicial proceedings, do I still have

gun rights? If not how long until I get them reinstated?

Terrence H Thorgaard
Terrence H Thorgaard 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...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: Does this statue involve a disorderly conduct - dv that was committed in 2010?

It was a disorderly conduct - domestic violence misdeamenor charge. Does it follow under this category?

Adam Studnicki
Adam Studnicki 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...
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