Are you being accused of Domestic Violence in Phoenix?

Thank you for visiting My Phoenix Domestic Violence Attorney.  We will attempt to give you as much information about domestic violence in Phoenix as possible on this site.  Additionally, you can visit our “Why Hire Us” page to see what separates us from the other domestic violence lawyers in and around Phoenix.

Domestic violence happens between two people in an intimate relationship.  If you have been charged with this crime, you will need the experience of a highly skilled attorney at the Domestic Violence Law Offices of “insert attorney name”.  The Arizona court system takes this crime very seriously and you will need an attorney who will stand up for your rights and make sure your interests are protected.

Definition of Domestic Violence

• Domestic violence occurs between two people in an intimate relationship.
• One person in the relationship tries to control the actions of the other through:
  •  physical abuse
  • Threats
  • isolation from others
  • intimidation
  • sexual abuse/rape
  • economic abuse
  • emotional abuse
• It happens to all cultures, religions, sexual orientation and economic groups.
• It includes put downs, threats, name calling and financial control – not just physical injury.

Overview

• According to Arizona Revised Statute 13-1201, an assault can be committed in several ways.  Depending on the factors surrounding the assault, it will be charged as a felony or misdemeanor.
  • Intentionally causing physical injury to another person
  • Threatening to cause harm
  • Touching a person – intending to hurt them
  • Insulting or provoking a perso

• When the police arrive after a 911 call, the abuser will be arrested.
  • If you, the victim, tries to drop the charges or say that no assault was committed, the District Attorney will still not dismiss the case.
• In Phoenix, a domestic violence assault charge can be filed without any physical injury such as bruises or cuts present.
• If you were verbally assaulted or provoked, that is enough for the District Attorney to proceed.

Consequences
A person who has committed domestic abuse will be charged with a crime under the Arizona penal code.  This includes:

• Assault
• Battery
• Rape
• Stalking
• Violating a protective order
• Property damage
• Attempted murder or murder

Punishment

• If you are convicted of this crime, you will be ordered to:
  • Jail or prison
  • Pay fines
  • Attend mandatory treatment programs
  • Restitution of the victim
  • Probatio

• Not every domestic violence arrest will result in a conviction; however, consequences will be suffered.

Non-Legal Consequences

• People will look at you differently, especially your employer.
• Your records can be erased – you need an attorney to do this

Legal Consequences

• Sentence depends on circumstances involved.
• Class 1 misdemeanor – 6 months in jail
• Probation
• Diversion program

Orders of Protection

• In Phoenix, a restraining order or order of protection is considered an injunction against harassment.
• Only the courts can terminate this order and allow you to have contact.
• You will be charged with a serious offense if you violate it, even if the victim wants to see you.
• Violation of this Order is taken very seriously by the District Attorney and the courts.

Types of Abuse
Domestic Violence comes in different forms:

• Physical
  • Can result in death
  • Serious bodily harm
  • Uses force – pushes, slaps, hits
  • Choking
  • Weapon involved – gun, knif

• Emotional
  • Verbal – screaming at each other, yelling
  • Intimidation – Insults you in private and in public, puts you down
  • Isolation – Does not allow you to have contact with family, friends, co-workers
    • You need permission to leave house
  • Threatens to hurt you and other people you love
  • Follows/stalks you
• Sexual abuse
  • Forces sex on you; rape
• Economic
  • Controls all finances; gives you an allowance
  • Makes you late to your job or doesn’t let you go in at all
• Power
  • Makes all decisions regarding your life and everything in it

Have a Safety Plan

At Home – with Abuser

• Do not enter a room that doesn’t have an exit door.
• Do not enter a room that has weapons, such as kitchen knives.
• Give your family, friends and neighbors, a code word that will alert them to call the police.
• Leave a suitcase with personal items, money, keys, important papers, etc. at a friend’s house.

When Abuser Leaves or you move out

• Get an order of protection immediately.  The police can give you an immediate Order of Protection.

• In an emergency – Call 911 Immediately

• Call 602-506-SELF (7353) for information
• Keep Order with you at all times; give copies to trusted friends, family, employers

• Change your phone number; have called ID.
• Change the locks on your door; put a peephole in the door.
• Put locks on the windows.
• Inform your landlord and neighbors of your situation; ask them to watch out for you.

What to do at work

• Advise your employer and coworkers about your situation.
• Give the security guard a picture of your abuser and a copy of your Order of Protection.
• Ask the security guard to escort you to your car or bus.
• Don’t take the same route home every day; vary it.

Miscellaneous

• Keeps a record of anything that happens pertaining to your abuser.
• Carry a personal alarm with you at all times.
• Have a cell phone for emergency purposes.
• There are women’s support groups in all cities – find one and attend the meetings.
• If you need medical attention, go to a local hospital’s emergency room.
• Remember – take pictures of all bruises and injuries.
• Keep the National Domestic Violence Hotline number with you – 800-799-SAFE (7233).

Conclusion
If you are the victim of domestic violence, call us immediately at the Domestic Violence Law Offices of “insert attorney name”.  We will explain the charges, the laws and your options in handling this case.