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Phoenix Domestic Violence Lawyer

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Domestic violence is a term that refers to acts, or threatened acts, or violence between people involved in domestic relationships. Although situations may vary, domestic violence charges can be filed for actual acts of violence or threatened acts to harm, abuse, or inflict violence. Until recently, many people associated domestic violence as a crime that occurs between spouses or people who are intimately involved.

In reality, domestic violence cases can involve following types of domestic relationships:

  • Spouses or Dating couples
  • Parents and Children
  • Siblings
  • Roommates / Co-habitants
  • Grandparents

Law enforcement officials, judges, prosecutors, and the public at large take reports of domestic violence very seriously. These charges also carry stiff penalties that can create serious and long-term setbacks.

If domestic violence allegations have been made against you, working with an experienced Phoenix domestic violence attorney should be your first priority. Request a FREE consultation today.

What Qualifies as Domestic Violence?

In Arizona, domestic violence involves violent offenses committed by an aggressor against members of his or her household. Victims may include a current or former spouse, a boyfriend or girlfriend, a child, parent, a roommate, or any other person who resides in the same household.

It is important to note that domestic violence is not just physical in nature.

Domestic violence refers to a wide range of abusive behaviors, including:

  • Sexual assault
  • Stalking
  • Harassment
  • Emotional abuse
  • Physical assault
  • Intimidation
  • Verbal threats
  • Psychological abuse
  • Preventing use of a telephone in an emergency or false representation of an emergency
  • Secretly photographing, videotaping, filming, or digitally recording or viewing
  • Unlawful imprisonment
  • Interference with judicial proceedings
  • Use of telephone to terrify, intimidate, threaten, harass, annoy or offend

Aggressive Defense for Domestic Violence Cases

According to Arizona law, domestic violence could be charged as any number of crimes: assault, battery, assault with a deadly weapon, threatening, kidnapping, or witness intimidation. Depending on the circumstances of the case, domestic violence may be considered an “aggravated” crime as well.

At Knowles Law Firm, PLC, Phoenix lawyer Anthony Knowles and his legal team are very experienced in Arizona domestic violence laws, and has successfully defended clients who have been charged domestic violence that includes physical, emotional, sexual and financial abuse.They are also able to help with domestic violence cases that include child and elder abuse, as well as associated criminal charges, such as sexual assault, assault and battery, stalking and harassment.

What Should I Do If Falsely Accused?

Unfortunately, some people are wrongfully accused of domestic violence out of spite. It is not uncommon for this to occur in contentious divorce cases. In order to protect your rights and your good name, you should speak with a lawyer right away.

Whether the charges against you are true or false, you will still be required to prove your innocence and it is crucial that you have a powerful domestic violence defense lawyer to immediately initiate defense actions to fight to get you exonerated of the charge. Attempting to handle a domestic violence charge on your own will only make things worse, so retain experienced legal counsel as soon as possible.

What Can Be Done Legally to Avoid Conviction If My Accuser Attacked Me First?

Self-defense is often the case in charges of domestic violence. It is fully recognized that either men or women commit domestic violence. Men, however, are less likely to report the incident to police and in some cases when defending against a physical attack get charged themselves. It is extremely important that you have a skilled domestic violence lawyer fight to prove the self-defense in the case.

Will a Restraining Order Affect My Domestic Violence Case?

In the state of Arizona, restraining orders are legally referred to as Orders of Protection; they are also called Injunctions. These can be taken out by alleged victims in an attempt to stop communication between the accused abuser and abused.

While these were created with the best intentions to help put a curb on physical assault, harassment, intimidation and other methods of endangerment, they can often complicate a case for the innocent.

If you have had an Order of Protection taken out against you, it is important that you know just how much that it will affect your case.

No matter whether it was an Emergency Order of Protection (EOP) or a Permanent Order of Protection, it is in your best interests to get the involvement of a lawyer to help you deal with the added complications of a restraining order.

What If the Victim Wants to Drop Charges?

No, only the prosecutor has the authority to drop charges. If the victim is uncooperative and refuses to testify, the prosecutor can still move forward with your criminal charges.

However, in some cases, without a victim testifying for the prosecution, there may not be sufficient evidence to pursue charges. The victim can also choose to side with the defense, which can make it more difficult for the prosecution. You should discuss the details of your case with an attorney and explore your defense options.

Arizona Domestic Violence Penalties

Arizona has extremely severe penalties for all violent crimes, including domestic violence. In the most serious cases, such as aggravated domestic violence the penalty can include a mandatory 8-month prison sentence that cannot be avoided. This is in cases in which there are earlier charges of domestic violence in which the individual was convicted. Aggravated domestic violence is a Class 5 Felony and will affect your future in many serious ways.

Penalties for a domestic violence offense will vary depending on the unique facts and circumstances of your case, including:

  • The nature of the charge
  • The injuries suffered by a victim
  • Whether victims were minors or elderly
  • The use of weapons
  • Criminal history / prior DV convictions

Generally, convicted individuals often face fines, victim restitution, probation, court-ordered counseling or education classes, community service, and other possible consequences.

Effects of a Domestic Violence Conviction on Your Life

In any case, a domestic violence conviction has the potential to result in long-term limitations on every facet of your life.

A domestic violence conviction can affect:

  • Employment prospects
  • Housing opportunities
  • Personal relationships
  • Professional licenses
  • Ability to own a firearm

Having a domestic violence conviction can make it difficult to pass the application process, as prospective employers, schools, and property owners can negatively view you based on your criminal background.

Will I Go to Jail if Convicted for Domestic Violence?

A domestic violence conviction may result in jail or prison time, particularly in any violent assault that results in physical harm or in serious child abuse cases. Some of these cases would result in years in prison if convicted. In other cases, such as emotional abuse or when the victim claims that they were threatened with harm, it may be easier to arrange alternative sentencing. Each case has its own unique circumstances and evidence and must be reviewed and evaluated by a skilled Phoenix domestic violence lawyer as quickly as possible after the arrest in order to determine how to proceed and fight to avoid a conviction.

Contact a Phoenix Domestic Violence Attorney Today!

Have you been accused of domestic violence? If so, the legal team at Knowles Law Firm, PLC can provide you with the aggressive defense you need to fight your domestic violence charges. Prosecutors and law enforcement officials do not take accusations of domestic violence lightly.

If they suspect you of committing domestic violence they will launch a thorough investigation into the allegations against you, and if they find sufficient evidence, they will prosecute you to the fullest extent of the law.

By working with a Phoenix domestic violence attorney from our law firm, you can feel secure knowing that they have the experience, knowledge, and skill to not only fight the prosecution's case, but also to increase your chances of winning your case.

They have vast experience in this area of criminal law, and are committed to using their knowledge and resources to help you overcome your domestic violence charges. Call today!

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