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Arizona Domestic Violence Questions & Answers
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 Custody for Arizona on
Q: I refused to deliver my daughter to father due to mental breakdown, now im in contempt but im protecting her from abuse.

We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

Sounds like your best option is probably to going to be filing a Motion for Reconsideration.

The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.

If you have evidence Father lied, present it and let it speak...
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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Arizona on
Q: How can i request to remove legal decision making rights from DV father abuser granted by judge this past March 2023?

For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.

Unfortunately, there is not much you can do right now.

If the order came...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Arizona on
Q: How do I present new evidence in a mediation case?

Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More

Randi Sirlin
Randi Sirlin
answered on Jul 18, 2023

If you are doing mediation, you can first alert the other side that you are changing your position and if it is a problem, you can file a Motion to Amend either your answer or your response. You should also seek out an experienced family law attorney, as you will be expected to know all of the... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Arizona on
Q: How do I present new evidence in a mediation case?

Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.

Mediation is not a forum for presenting...
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1 Answer | Asked in Domestic Violence and Family Law for Arizona on
Q: Legally what can be done if you have a domestic stalker?

I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

If you want them prosecuted, you need to make a police report.

You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: My daughter's ex who no longer resides here showed up to visit the kids with a baseball bat in his hand. legal or not ?

He says her new boyfriend verbally threatened him the night before.

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

Obviously, he didn't bring the bat to play baseball with the child; he brought it to have a potentially violent confrontation with the boyfriend in front of the child. That is really problematic.

If there are orders in place, your daughter might want to consider seeking a...
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1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Arizona on
Q: I filed a motion for reconsideration today based on ARS 95a and ARS 83b after being ordered to pay 2k for TI at RMC

RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.

As an aside and just as an FYI: Hearsay is permitted in family...
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1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: If i have been sentanced in a criminal felony case but i feel my lawyer did not represent me using all the evidence

My lawyer neglected to show proof that i did not assult my sister with my car, she previously jumped in front of my brothers car with my niece inside the car, exactly the same situation as with mine and both my brother and niece wrote their account to help support the fact that she jumped in front... View More

Todd B. Kotler
Todd B. Kotler
answered on May 9, 2023

You need to hire another lawyer and (assuming you are within the statutory time limit for doing so) ask for either a reconsideration of your case (by the same judge) or an appeal. Your argument is ineffective assistance of counsel. Please, understand that this forum is NOT a substitute for hiring... View More

1 Answer | Asked in Domestic Violence for Arizona on
Q: I have a restraining order against me . I know I will get in trouble for contacting them but will they get in trouble .

No abuse or harassment no police were involved

Stephen M Vincent
Stephen M Vincent
answered on Sep 16, 2022

No, they will not get in trouble. The only person restrained by the order is you. Therefore, you are the only person who can be arrested and charged with a crime for violating it.

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Arizona on
Q: Is there anything I can do to stop/ change an Order of Protection which has removed me from my home & Primary residence?

I did nothing but, have been told I said something of concern. Which I don't remember. The order also includes my 2 minor children.

I have been homeless for 4 months due to this Order. I am the primary homeowner. My girlfriend and mother of our 2 kids is in the home. She is the co... View More

Stephen M Vincent
Stephen M Vincent
answered on Aug 31, 2022

I'm sorry to hear of your situation. You are in a very precarious situation. I STRONGLY recommend you consult with an attorney and have them review the Order of Protection and the deed to your house before you take any action.

If you have not done so already, you can challenge the...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I am wanting to take violence case I was the victim back to court in Az. h evidence and myself not presented in tritri

I need to know if that is possible I can go in the court room and stand up for myself and the pictures of my head were not presented the first time pictures taken by police

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

We don't know enough to answer this question.

But, generally, if there was already a trial, you don't get a second one. This is especially true if it was a criminal trial.

1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... View More

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
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1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: Can you get your case dismissed in Arizona before trial if you can prove the other party had a motive to fabricate?

If so, where is the case law that I can use in a motion to dismiss?

In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2022

No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.

A Motion to Dismiss is only appropriate where there...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Arizona on
Q: Can I include violations of Criminal Code § 13–2907.02 in a family law case or is it a matter for the police?

Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 13, 2021

Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Internet Law for Arizona on
Q: What can legally be done when it comes to stalking within the same household of the perpetrator?

I currently reside with a relative who has demonstrated that they're taking great pleasure to aggravatedly stalk, harass and electronically surveil my everyday use (PC and Mobile) without my consent to do such things. Now because of the living situation, I just want to make sure my safety is... View More

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2021

If you get a protective order, your relative will be forced to move out of the household.

1 Answer | Asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona on
Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... View More

Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending...
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