Domestic violence is one of the most serious misdemeanor charges you can face because of the numerous collateral consequences that will occur if you are convicted. A conviction can change your life in very bad ways. It is critical that you speak with a defense attorney as soon as you are charged in order to maximize your chances of winning or getting a favorable outcome to your case. Schedule a free consultation with a Glendale domestic violence attorney at The Law Offices of John Phebus as soon as possible. Our experienced criminal defense lawyer, John Phebus is here to help with your case.
Our lawyers can be reached by calling (623) 847-7117 or by completing our online contact form. Our office hours are from 8 a.m. to 5 p.m., Monday through Friday. Evening and weekend appointments are available based on the needs of our clients.
What are Domestic Charges?
A true domestic abuse case, where one spouse mentally or physically abuses the other, often for years and with devastating consequences for the entire family, must be treated with the utmost seriousness. However, the vast majority of domestic violence cases are more complicated and not so simple to classify. Most situations involve a lot of mutual behavior by both sides that culminated in the police getting called. When the police arrive, they have to make a quick decision about who is guilty. Even though both husband and wife almost always bear some of the blame, the officer will have to decide who to file criminal charges against and who to classify as the victim. For practical reasons, charging both sides is rarely done.
What Are Some Acts That Qualify as Domestic Violence?
Arizona’s definition of domestic violence includes many forms of abuse and acts that will qualify them as a crime. A victim can file domestic violence charges against a spouse, family member, or roommate for almost any of these acts. After an allegation, the victim does not have the ability to rescind his or her accusation. The case will go to the state and they will decide to go forward with prosecution or not. It’s crucial to hire a Glendale domestic violence lawyer to defend you if someone has accused you of any domestic abuse act. A strong defense could be the only thing standing between you and serious criminal consequences including prison time.
Can Charges Be Dropped in a Domestic Violence Case?
Domestic abuse is a crime; therefore, the State brings the charges. The abused party may decide to drop the charges, but a district attorney and a judge will ultimately decide if the case is dismissed or not. In some cases, prosecution may continue even if the victim dropped the charges and refuses to testify. If the State chooses not to file charges, then all the parties involved will be notified.
Consequences of a Domestic Abuse Charge in Arizona
The Omnibus Consolidated Appropriations Act of 1997 amended the Federal Gun Control Act, 18 U.S.C. § 922(g)(9). Under its provisions, it is unlawful for an individual convicted of a state or federal “misdemeanor crime of domestic violence” to “ship, transport, possesses or receive firearms or ammunition.” Law enforcement officers and government employees (such as security guards or military personnel) are not exempt from this law with respect to their receipt or possession of firearms or ammunition.
Impact on Your Immigration Status
If you are not a United States citizen, and you get convicted of a domestic violence offense, you will probably be barred from ever becoming an American citizen. Even if you are in the U.S. legally, you may be deported if you are convicted.
People have a common misunderstanding about the court. Many believe that if it is your word against someone else’s and there is no evidence, a person cannot be found guilty. This is not true. In the vast majority of misdemeanor cases, convictions are obtained by the government merely on the testimony of a single witness who was present. If you or a loved one has been charged with a criminal offense, it’s important that you seek legal representation from a domestic violence attorney in Glendale as soon as possible.
Domestic Violence and Restraining Orders
An Emergency Protective Order (EPO) is a common step abuse victims will take prior to, and during, a domestic violence case. In Arizona, this order will immediately provide protection against an alleged domestic abuser in emergency situations. If someone believes he/she is in imminent danger, that person can call 911 or visit a Glendale police department to request an EPO.
A judge will only grant a request for an order of protection if he/she believes the victim is in immediate danger of a serious injury. An emergency order of protection will last one day. After that, it is up to the harmed party to go to court and request a permanent restraining order. If a victim doesn’t take this step, the emergency order will expire and no longer apply. If a judge grants a request for a permanent protective order, the alleged abuser will be unable to go near or contact the injured party for up to one year, or permanently if the courts decide so. Each criminal defense case is unique and will have different rules for the temporary or permanent protective order. If you have questions about a protection order against you, a lawyer can help you understand the specifics of the protection order, help you work out logistics such as where you will live or whether you can interact with your children, and start planning a defense strategy in the event of a charge against you.
Schedule a Free Consultation Today!
Domestic violence charges can have a severe impact in the life of the accused. Speaking with a domestic violence lawyer in Glendale can help you understand the charges against you and how to proceed. Domestic abuse is a serious crime and should be handled as such. Our attorneys have over 20 years of criminal defense experience and will work tirelessly to defend your rights. Contact The Law Offices of John Phebus to schedule a free consultation and start working on the best defense for your case.