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Arizona Domestic Violence Questions & Answers
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...
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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.

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
PREMIUM
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
PREMIUM
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...
Read more »

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