Domestic Violence

Assault or Battery What Is Domestic Violence?

Domestic violence occurs where one person is trying to control another person who shares a familial[1], romantic [2], or cohabitant relationship. The person who exercises control is called the offender and the other person is called the victim. Under Arizona law, the relationship between the offender and victim is broadly defined to protect a myriad of different victims. Although the general definition of domestic violence includes many types of control (ie: verbal or financial), the District Attorney’s Office of Maricopa only prosecutes perpetrators who exercise physical control over the victim, and by doing so, cause violence.

If you are accused of an act of domestic violence against a child, the Maricopa District Attorney may charge you with: Abuse of a Child, Vulnerable Adult Abuse, Custodial Interference, or Dangerous Crimes against Children.

Other charges related to domestic violence include Aggravated Assault, Assault, Criminal Trespass, Disorderly Conduct, Endangerment, Harassment, Interfering with Judicial Proceedings, Kidnapping, Manslaughter, Murder, Negligent Homicide, Sexual Assault, Stalking, Threatening and Intimidating, and/or Unlawful Imprisonment.

What are the Consequences?

If you are accused of domestic violence, you may be charged with afelony[3] or misdemeanor [4]. In deciding how to charge you, the Maricopa District Attorney will take in account the seriousness of your physical act (ie: strangling versus scratching), the victim’s injury (ie: bruising versus open wound), and the Maricopa office policy. The consequences for domestic violence charges are equally serious and vary depending on whether it is misdemeanor or felony, and whether the offender is a first time or repeat offender. In general, a domestic violence charge will include: time in custody, probation/parole, a batterer’s treatment program; criminal protective order [5], community service, restitution to the victim, firearms prohibition, domestic violence fine, and standard fines and fees. Worst of all, the domestic violence conviction will affect your future employment, state licensing and other public benefits as it will go on your permanent record. Also, if you have a pending child custody case, the Family Court Judge will take into consideration your domestic violence conviction in deciding your custody rights over the child. [6]

How We Can Help You

Lavy Law is the best law firm to help you win your domestic violence case in Maricopa County. As a former prosecutor, we have insider’s knowledge on how to get your charge dismissed or reduced because we prosecuted countless domestic violence cases. As a trial attorney, we know how to win your case before a judge or jury because we often take domestic violence cases to trial. As a domestic violence counselor, we know how to empower you during this intimidating process because we have actively volunteered at domestic violence shelters.

Unlike most firms who limit their practice to criminal court, Lavy Law can help you defend your domestic violence case in family court and immigration court due to our multilateral experience. If you are the perpetrator, this means that your Weisman lawyer will protect you from being punished multiple times by multiple courts. If you are the victim, this means that your Weisman lawyer will provide you with better protection by using the tools offered by every court.

We encourage you to read our Recent Cases to see that we have won a case just like your own.

If you are you accused of a domestic violence offense, Contact Us for a free consultation.

[1] Under the Arizona Revised Statutes (“ARS”) § 13-3601, a familial relationship is broadly defined to include victims such as: spouse, former spouse, fellow parent, grandparent, child, step-child, sibling, or in-law.

[2] In determining whether a romantic relationship exists, the Court will look at the: (a) type of relationship; (b) length of relationship, (c) frequency of interaction, and (d) length of time since termination, if any. See ARS § 13-3601.

[3] A felony is the most serious of crimes, punishable by years in prison.

[4] A misdemeanor is defined as a less serious crime than a felony, punishable by one year or less in local county jail.

[5] A criminal protective order is a court order that prevents a person from harassing, contacting and coming within a certain distance of victim(s) and their residence.

[6] Under ARS § 25-403.03, a domestic violence conviction creates a rebuttable presumption that an award of sole or joint physical or legal custody of a child is detrimental to the best interest of the child.