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Domestic Violence Charges in Arizona
Getting domestic charges dropped isn’t easy in Arizona. Oftentimes, the only way to get false domestic allegations taken care of is if the victim signs a drop charge affidavit in either a criminal or civil proceeding. In some cases, the district attorney may continue to purse the charges against you. You’ll need an experienced domestic violence defense lawyer if you’ve been falsely accused of domestic violence in Phoenix.
At Ybarra Maldonado, we defend against all types of domestic violence charges in Arizona, including but not limited to:
- Criminal Abandonment
- Criminal Neglect
- Stalking, Aggravated Stalking, and Cyber Stalking
- Violation of Protection Order
When you’re accused of certain crimes, such as physical abuse of a spouse or child, you may be presumed guilty, even when you’re innocent. Even for first offenses, if convicted, you may be looking at jail time.
Contact an experienced domestic violence defense lawyer at Ybarra Maldonado for a free consultation.
What are Domestic Violence Charges in Arizona?
There is no single, distinct crime or offense that describes domestic violence in Arizona. Instead, under Arizona’s Domestic Violence statute, certain crimes committed against any person with a close relationship to the defendant fall under a domestic violence offense. “Close relationships” doesn’t only entail current domestic partners, though. It could be anyone from a parent to a child, sibling, or even past lover.
How Long Will Domestic Violence Allegations Stay on Your Record?
If you are charged with domestic violence first offense, even as a misdemeanor, the conviction will appear on your criminal record forever. This record will be accessible to employers, agencies, and institutions and can affect your rights, as well. You may even be met with a restraining order from the alleged victim.
How Do They Prove Domestic Violence in Court?
In a domestic violence case, the prosecutor must prove only two things: (1) the defendant has a domestic relationship with the victim, and (2) the defendant committed a crime that is specifically listed under Arizona’s Domestic Violence Statute.
How Common are False Domestic Violence Accusations?
False police reports are more common than you might think, especially when it comes to domestic violence accusations. On average, there are approximately 700,000 false charges of domestic violence in the United States per year. These false allegations most frequently occur in divorce proceedings, with 25% of all divorces involving domestic violence accusations.
What Happens When Someone Files a False Police Report About Domestic Violence in Phoenix?
In any other situation, filing a false police report for a crime that didn’t actually occur would result in criminal charges. This is not the case when it comes to domestic abuse reports. This is because the courts want real victims to feel comfortable enough coming forward about their abuser instead of providing them with another reason to stay silent. This is done in good faith for the victim, but unfortunately, some people take advantage of it.
If you were falsely accused of domestic violence, you need to get a criminal defense lawyer on your side as soon as possible. Many people assume that if they didn’t actually commit the crime, the truth will come out and justice will inevitably work in their favor. This is rarely the case. People are convicted under false accusations all the time, especially when it comes to domestic abuse claims.
If someone filed a false domestic violence police report against you, you need to fight it head on. You need someone on your side that is going to do everything it takes to prove your innocence and protect your character and reputation. That is why it is crucial for those who have been falsely accused of abuse to seek legal representation immediately.
Domestic Violence Related Disorderly Conduct in Arizona
Disorderly conduct can also be referred to as “disturbing the peace.” Arizona’s Revised Statutes defines an offense as disorderly conduct if it was committed with the intent (or at least knowledge) of disturbing the peace of a neighborhood, family, or person. The following are offenses that may be classified as disorderly conduct:
- Fighting, violence, or seriously disruptive behavior
- Unreasonable noise
- Abusive or offensive language or gestures towards another person that is likely to provoke or encourage physical retaliation
- Causing prolonged commotion with the intent to prevent the business of a lawful meeting, gathering, or procession
- Refusal to obey a lawful order to disperse, generally issued when in close proximity to a hazard or emergency, in order to maintain public safety
- Reckless handling, displaying, or discharging of a weapon or dangerous instrument
In order to receive a charge of domestic violence related to disorderly conduct, the offense must have occurred between two (or more) people sharing a close relationship. If any of the following situations occur in a disorderly conduct offense, a domestic violence charge may also be applied.
Involved parties are:
- Formerly married
- Live or once lived in the same household
- Parents to the same child
Alleged victim is:
- Pregnant with the accused’s child
- Related (by blood or law) to the accused
- A child living in the same residence as the accused
- Currently or was previously involved in a romantic and/or sexual relationship with the accused
Along with the penalties that already accompany disorderly conduct, you may also face additional penalties if charged with domestic violence related disorderly conduct in Arizona.
Experienced Domestic Violence Lawyer in Phoenix
Receiving a domestic violence charge can stick with you for a lifetime. It often leaves a huge negative impact on nearly every aspect of your life and your future. A domestic violence lawyer will analyze all angles of your case in search of a defense. If they are not able to create a complete defense strategy, they will work to have the charge reduced or help you reach a plea agreement that most benefits you.
If you are charged with domestic violence, either on its own or along with disorderly conduct, you need the help of an experienced criminal defense attorney. At Ybarra Maldonado Law Group, we offer service you can count on and representation you can trust. To get in touch with our office today, call 602-910-4040 or fill out the form here.