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Arizona Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for Arizona on
Q: My daughter's mother in law is making her life miserable, she always call her " a bad mother" can she sue?

Grandma always say she is taking the kid away from my daughter, she said she is calling the department of child Care service.

Mike Branum
Mike Branum answered on Aug 27, 2021

I would suggest your daughter block her mother-in-law's number and let her husband deal with his mother. More to your question, yes, I am sure a claim could be filed. The chance of success is likely around 0%, but individuals CAN sue for practically any reason. Your daughter would need to put... Read more »

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Arizona on
Q: My nephew and girlfriend asked his dad died to stay for 2 days. They have taken over, & filed Restating Order! Can dad E

They asked to stay for a couple of days, they kicked dad out. Filed a Restraining order.

Can dad evict in Az?

He owns the trailer, rents the lot.

They are unwelcome guests

Using illegal substances

Peter H. Westby
Peter H. Westby answered on Aug 25, 2021

Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Arizona on
Q: I need information regarding grandparent rights. my daughter is having issues with the father of her son and parents

the fathers parents are trying to take my grandson away from my daughter and she moved in with me. the father has past violent behavior and current domestic violence against my daughter. I also want to find out if my daughter was properly served paper work and if the other grand parents were... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

Feel free to give me a call to discuss more in detail because we need more information to answer the questions thoroughly, but I can give you some information now;

(1) Grandparents can file for legal decision-making and placement in Arizona, but they have to show they stand in loco parentis...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: Is there Legal action I can take to prevent my father from stopping me from seeing my grandmother?

I have a video of him starting an argument with me and intimidating her while he was drunk the last time I had visited her. She says that anytime I come over in the past he treats her horrible. He is very abusive and aggressive towards her. She is handicapped in a wheelchair and had her leg... Read more »

Mike Branum
Mike Branum answered on Feb 15, 2021

If he is being abusive to your grandmother, you can make a report to adult protective services. If she is dependent upon him, there will need to be other family members willing to step up and do the things she has been counting on him to do.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Arizona on
Q: A couple of months ago my niece told my daughters she was being abused by her Dad.

A week ago she attempted suicide and no one told the people caring for her about this. Im not sure what I can do I feel like if I call CPS or even the police my family may lie. This maybe her only chance to get help and I feel like they will try to discredit me.

Mike Branum
Mike Branum answered on Dec 11, 2020

If something happens to her and you did not report it, you will have to live with that. If you believe your daughters are being truthful and if you believe they will share what your niece told them with investigators, then I feel you have a duty to report the situation and let the chips fall where... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Arizona on
Q: Does sexual abuse include a male making a minor strip naked?
Jerald Schreck
Jerald Schreck answered on Nov 3, 2020

The elements of the crime of Sexual Abuse in Arizona (A.R.S 13-1404), regarding minors, depends on the age of the particular minor. If the minor is fifteen or more years of age, then sexual abuse is committed when the accused, without consent engages in sexual contact with the minor. Sexual contact... Read more »

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...
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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 »

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