Glendale Domestic Violence Lawyer

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 criminal 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 Glendale Criminal and Personal Injury Lawyer as soon as possible. Our experienced 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.

Content

Consequences of a domestic violence conviction
Consequences as an immigrant
What are domestic charges?
What qualifies as domestic violence?
Can domestic abuse charges be dropped?
Restraining orders

Consequences of a Domestic Abuse Charge in Arizona

Something as minor as a loud verbal argument could get you charged with disorderly conduct or threatening and intimidating. A domestic abuse charge can have severe penalties, it may involve jail time and/or not being able to work in your profession. It’s in your best interest to speak with a Glendale domestic abuse attorney to start working on a defense for your case. Some consequences for this crime include:

• In Arizona, if you are convicted of a domestic assault, you must be ordered to attend at least a 26-week domestic violence class, which usually costs about $600.
• If you are a teacher, your fingerprint clearance card will probably be revoked.
• If you work as a nurse or another profession where you interact with children, you could lose your fingerprint clearance card. Clearance cards are required to maintain and be hired for these types of jobs.
• You will be barred for life from owning a firearm.

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, possess 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.

Therefore, law enforcement and other government employees who have been convicted of a qualifying misdemeanor will not be able to lawfully possess or receive firearms or ammunition for any purposes, including performing their official duties. Hunting and the right to bear arms are major parts of our western heritage, of our Arizona tradition. A physical abuse charge could prevent you from ever hunting or owning a gun.

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.

What are Domestic Charges?

Domestic violence charges include felony or misdemeanor crimes including a fight, criminal damage, physical abuse, disorderly conduct or other criminal acts with your spouse, parent, brother, sister or other close relatives, family members, and even your roommate. 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 culminates 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, filing charges against both sides is rarely done.

What is considered domestic violence under Glendale law?

In Glendale, AZ, domestic violence is a serious legal offense that includes a wide array of abusive behaviors between people who share a domestic relationship. This relationship can be between spouses, partners, family members, cohabitants, or even individuals who share a child. According to Arizona Revised Statutes § 13-3601, domestic violence encompasses acts like physical assault, threats, intimidation, harassment, and even certain forms of emotional or psychological abuse. Importantly, the definition covers more than just overtly violent acts; for instance, consistently sending threatening text messages or tracking a partner’s movements without permission can be considered forms of domestic violence.

Additionally, Arizona law recognizes that domestic violence can occur in ways that are not immediately visible, such as through verbal threats or coercive control. For example, stalking—whether physically or through electronic means—can lead to charges if it makes the victim feel endangered. Glendale law enforcement takes all reported cases seriously, often resulting in arrests, even if the evidence is circumstantial. Local organizations, such as the Glendale Family Advocacy Center, work closely with authorities to support victims and ensure cases are handled comprehensively. 

What Are Some Acts That Qualify as Domestic Violence?

In Arizona, there is a fine line between what qualifies as domestic abuse and what doesn’t. Learning where this line lies can help you stay on the right side – as well as argue your innocence if you were wrongly accused of domestic or partner abuse. Understanding how the state defines this crime is one thing, but seeing real-life examples can give you a clearer picture of how Arizona identifies domestic charges. The following acts are examples of punishable domestic abuse in Arizona:

• Physical violence. Physically striking, slapping, punching, biting, shoving, or battering a child, spouse, ex-spouse, parent/grandparent, blood relative, or household member will qualify as domestic abuse. Any act of physical assault against these victims, whether it causes an injury or not, can qualify as a crime.
• Sexual abuse. Any form of sexual abuse or coercion against a household member or other qualifying victim will constitute domestic violence. These acts include unwanted sexual touching, kissing, or other sexual advances without consent, as well as sexual behaviors or the attempt to coerce someone into sexual acts.
• Emotional and psychological violence. Shouting at a domestic household member, verbally threatening/intimidating someone, or saying things to lower the victim’s self-worth or self-esteem can qualify as domestic violence. You don’t need to raise a finger against the person for the courts to convict you of emotional domestic abuse.
• Financial/economic abuse. Taking someone else’s money, refusing to let a spouse have a job, or otherwise forcing the victim to become financially reliant on you can qualify as domestic abuse. This is a form of attack that can perpetuate a cycle of violence and make it impossible for the harmed party to leave.

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 as soon as possible. A strong defense could be the only thing standing between you and serious criminal consequences including prison time.

How do Arizona laws differentiate between types of domestic violence, like physical, emotional, and financial abuse?

Arizona laws classify domestic violence based on the nature and impact of the abuse. Physical abuse, such as hitting, choking, or using a weapon, is straightforward and often leaves clear evidence, making these cases easier to prosecute. Emotional abuse, on the other hand, involves actions designed to manipulate or psychologically harm the victim, like gaslighting or consistent verbal degradation. Although harder to prove, emotional abuse is taken seriously, especially if there is a documented pattern of controlling behavior.

Financial abuse is another significant but less visible form of domestic violence. It includes actions like withholding access to money, preventing a partner from working, or even running up debts in the partner’s name. While less commonly addressed in court, financial abuse is increasingly recognized for its long-term impact on victims. Glendale’s legal system acknowledges these distinctions, and understanding them is crucial for both victims seeking justice and defendants planning their defense.

Can Charges Be Dropped in a Domestic Violence Case?

Domestic abuse is a crime; therefore, the State brings the charges. The attacked 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.

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 criminal defense lawyer in Glendale 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.

How to Navigate the Initial Legal Proceedings in Glendale

What are the first steps to take legally after being accused of domestic violence in Glendale?

Being accused of domestic violence can be a frightening experience, and taking the right initial steps is crucial. First and foremost, comply with any protective orders. These orders often prohibit contact with the alleged victim and may restrict where you can go. Violating a protective order, even unintentionally, can result in additional charges or complicate your defense. It is also vital to remain calm and avoid making statements to law enforcement without legal representation, as anything you say can be used against you.

The next critical step is to hire a Glendale domestic violence lawyer. An experienced attorney can guide you through the legal process, advise on your rights, and help build a strong defense. The Law Offices of John Phebus, for example, specialize in defending clients in these situations and can work to minimize the impact of the charges, whether by negotiating bail conditions or preparing for a possible trial.

What happens during the initial hearing for a domestic violence case in Glendale?

The initial hearing, also known as an arraignment, is typically held within 24 hours of the arrest. During this hearing, the judge will formally read the charges against you and explain your legal rights. The court will also decide whether to release you on bail and under what conditions. If the alleged incident is severe, or if you have prior offenses, the judge may impose stricter conditions, like a no-contact order with the alleged victim or house arrest. Protective orders are common and can impact everything from your living situation to your ability to see your children.

Having legal counsel present is critical during this stage. A seasoned Glendale domestic violence lawyer may argue for reduced bail or challenge the necessity of certain restrictions. If there are discrepancies in the evidence or procedural errors made during your arrest, your attorney might even move to have some charges dismissed early in the proceedings.

Strategies for Defending Against Domestic Violence Charges in Glendale

What common defense strategies are effective in Glendale domestic violence cases?

Several defense strategies can be used in domestic violence cases, depending on the circumstances and available evidence. One of the most effective tactics is self-defense. If you can show that your actions were necessary to protect yourself from immediate harm, this can be a viable defense. Your lawyer might present medical records or witness testimonies to establish this. Nonetheless, successfully arguing self-defense requires proving that the threat you faced was genuine and your reaction was proportionate.

Another common strategy involves challenging the credibility of the accuser. In some cases, accusations are made as leverage in divorce or custody disputes. If the accuser has a history of making false allegations or inconsistencies in their statements, this could cast doubt on their claims. Additionally, your defense may focus on highlighting a lack of concrete evidence. Domestic violence cases often hinge on “he said, she said” scenarios, making it fundamental to scrutinize the reliability of the prosecution’s witnesses and evidence.

How important is evidence like texts or emails in defending against domestic violence accusations in Glendale?

Text messages, emails, and social media interactions are often pivotal in domestic violence cases. Such digital evidence can support your version of events or undermine the accuser’s credibility. For instance, if the accuser sent you apologetic or affectionate messages after the alleged incident, this could be used to question the seriousness of their claims. On the other hand, any messages where you admit guilt or issue threats could harm your defense. Your attorney will need to carefully review all digital evidence, both to defend you and to prepare for potential attacks from the prosecution.

Collecting and preserving this evidence is essential. Even if you believe some messages may be incriminating, it is better to have your lawyer review them to formulate the best defense strategy. Remember, even small details can be significant in court, especially when trying to establish intent or context.

The Role and Benefits of Expert Witnesses in Domestic Violence Cases

Who qualifies as an expert witness in domestic violence cases in Glendale?

Expert witnesses in domestic violence cases are professionals with specialized knowledge relevant to the case. These can include psychologists who understand the dynamics of abusive relationships, medical experts who can testify about the extent and cause of injuries, or forensic analysts who can examine evidence like fingerprints or text message data. In Glendale, the court requires that these witnesses have significant qualifications, such as advanced degrees or years of field experience, to be considered credible.

In what ways can expert testimony influence the outcome of a domestic violence trial in Glendale?

Expert testimony can have a substantial impact on the outcome of a trial. For example, a psychologist might explain how trauma affects a victim’s behavior, making their actions more understandable to the jury. Alternatively, an expert could highlight why the evidence doesn’t support the accuser’s narrative. In cases involving disputed injuries, a medical expert can testify that wounds were inconsistent with the accuser’s version of events. Forensic experts can also analyze digital data, like deleted messages, to strengthen the defense’s case.

The presence of an expert can add credibility to your arguments, making the jury more likely to view your defense favorably. Still, the effectiveness of expert witnesses depends on their ability to communicate complex information in a way that is understandable and convincing to a lay audience.

Legal Aid and Support Services for Domestic Violence Accused and Victims in Glendale

What support services are available for domestic violence victims in Glendale?

Glendale has a robust network of support services aimed at helping domestic violence victims. The Glendale Family Advocacy Center is a cornerstone of this network, providing a safe space for victims to access resources such as medical exams, counseling, and assistance with obtaining protective orders. Organizations like EGlendaleLAC offer additional support, focusing on wellness and recovery through therapeutic services and community outreach programs. These resources aim to empower victims and help them recover both physically and emotionally from their experiences.

Are there free or low-cost legal services for those accused of domestic violence in Glendale?

For those accused of domestic violence who cannot afford a private attorney, Glendale provides several options for legal aid. The Maricopa County Public Defender’s Office offers free legal representation to qualifying defendants. Non-profit organizations like Community Legal Services also assist with defense cases, often focusing on first-time offenders or cases involving mitigating circumstances. Discussing your case with a Glendale domestic violence lawyer can help you explore these options and ensure you receive fair representation, regardless of your financial situation.

Defend against domestic violence charges with expert legal support.

Domestic violence charges can have a severe impact on the life of the accused. Speaking with our Glendale domestic violence attorneys 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 law firm has over 30 years of criminal defense experience and will work tirelessly to defend your rights. Contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer to schedule a free consultation and start working on the best defense for your case.

Explore Our Expert Domestic Violence Legal Services in Glendale, AZ.

At The Law Offices of John Phebus, we pride ourselves on serving as your dedicated Glendale Domestic Violence Attorney. Our firm is deeply committed to defending individuals accused of domestic violence, ensuring comprehensive legal support right in the heart of Glendale. Located at 17505 N 79th Ave #315, Glendale, AZ 85308, our office is strategically positioned to assist clients across the region effectively. For straightforward directions, refer to these GeoCoordinates: 33.6434281,-112.2301586,15z. Visit us to benefit from our extensive expertise in domestic violence defense.

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What our clients are saying about us

Daniel Hall

1 month ago

The Law Offices of John Phebus, and in particular my Lawyer Roland Rillos are a Very trustworthy and capable law firm. It’s never pleasant to need a lawyer – but I would highly recommend Roland. He was informative every step of the way, always available, and very upfront about costs. Their payment options made it very affordable. If you need legal help I highly recommend them

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