Top Domestic Violence Attorneys in Arizona

Are you the victim of domestic violence? We are on your side!

Domestic violence is an unfortunate reality for many. Sometimes, accusations of domestic violence can arise from disagreements and exaggerated claims. Other times, someone may be in serious danger from someone they know. If you are in either situation, it is essential to talk with a qualified attorney to protect your future. Whether you are looking to protect yourself and your family from the effects of domestic violence or you have been unfairly accused of domestic violence, you need legal representation to ensure your safety and your reputation.

At The Valley Law Group, we work diligently to defend the rights and safety of those in danger of domestic violence. Learn more:

• Order of Protection
• Injunction Against Harassment

We have the experience to help you through this overwhelming situation and provide compassionate service to protect you and your family. Protection orders can be filed to create legal restrictions on the person who is harming you. Not only will this keep you legally protected, but it is also essential evidence during divorce or child custody proceedings.

Our experience also extends to defending those facing domestic violence accusations. Filings of orders of protection or injunction against harassment can be made falsely to limit parental rights in a divorce. If this is your situation, it’s essential to secure a domestic violence attorney in AZ to disprove the false accusations that can prevent you from seeing your children.

Arizona law defines domestic violence as a dangerous or violent act against someone the person has a close familial or other relationship with. Relationships include:

• Parties who are married or divorced
• Parties who are non-married partners or former partners
• Parties who share a child together, or one party is pregnant by the other
• Parties who are siblings, in-laws, parent and child, or in another familial relationship, including court-ordered family relationships
• Children who have lived in the same household as the abusive party
• Parties who live together or used to live together

It is important to remember that domestic violence is not solely about physical violence like punching, kicking, and slapping. Instead, domestic violence pertains to any “dangerous crime” against someone else in a close relationship. Violence, threats of violence, and emotional abuse are all considered domestic violence.

Any violent action between parties with a close relationship can be charged as domestic violence misdemeanor. Aggravated domestic violence consists of a third domestic violence charge in an 84-month period and is charged as a felony.

Domestic violence comes in many forms, most of which are not physical violence. Domestic violence in Arizona covers behaviors such as:

• Physical assault or battery
• Stalking
• Harassment
• Sexual assault, harassment, and abuse
• Emotional abuse
• Psychological abuse
• Financial abuse
• Intimidation
• Verbal threats
• Kidnapping
• Criminal trespass or damage

Though physical assault is most commonly associated with domestic violation, actions such as isolation, threats to property or pets, and efforts to control a person’s life are also considered domestic violence. If you are a victim of a family member or partner who hurts, harasses, or threatens you, you should speak with a domestic violence attorney. The Arizona court system can provide you with the protection you need to keep yourself and any children safe from harm.

Filing for a protective order, also called a restraining order, sets legal boundaries between you and the other party. Protective orders are a civil filing, not a way to criminally charge the individual. A protective order can be tailored to your situation in order to prevent your abuser from coming near your home, place of work, or other significant locations.

A protective order can impose other requirements upon the other party, as well. For example, if the other party lives with you, a protective order may require them to move out. If a firearm was used during domestic violence, a protective order might require the person to turn over their firearms.

You and your attorney must first file a petition for a restraining order with the court. The court will then decide whether there is reasonable cause to believe the person may commit an act of domestic violence in the future or has committed domestic violence in the last year. Along with your petition, you should include evidence that shows reasonable cause. An attorney will help you gather this evidence and present it to the court to demonstrate the urgency of the situation.

Protective orders can only be filed against a person who has committed domestic violence, and therefore the person must be someone with whom you have a close relationship. This relationship may consist of living together, romantic or sexual involvement, or it may be a familial relationship.

If you are in immediate danger, an emergency order of protection may be granted by an Arizona judge, either by phone or in writing, to protect you. An emergency protective order lasts a short time to allow you to file for a temporary or permanent order of protection. This will then lead to a formal hearing.

Both orders of protection and injunctions against harassment protect people from the violent or harassing behavior of another person. However, while orders of protection protect someone from a person they have a close relationship with, injunctions against harassment can protect a person against harassment from someone with whom they don’t have a close relationship. Harassment under Arizona law must meet three critical standards:

• Conduct or actions are directed at a specific person
• These actions would annoy, harass, or alarm any reasonable person
• These actions serve no purpose and are done with the intention of bothering the victim

Someone can also file for an injunction against harassment if they are facing threats, intimidating actions, or assault. When these harassing actions are done by someone closely related, the victim will usually file a protective order. If it is an acquaintance, co-worker, friend, or even a stranger, an injunction against harassment is more appropriate.

An injunction against harassment can:

• Prevent the person from going near the victim’s home, work, or other location
• Order the person to end all harassing actions
• Prohibit the person from contacting the victim
• Provide protection for the victim

If you are someone who needs an injunction against harassment to protect yourself from threatening or harassing actions, the attorneys at The Valley Law Group can help.

Ensuring your safety is essential when you face domestic violence. A domestic violence attorney can help you take the necessary steps to establish legal protection, such as securing a temporary protective order until you can receive a hearing for a more permanent protective order. Your attorney can draft and file your petition for a protective order and provide you with representation in your hearing, ensuring that your voice is heard.

A domestic violence attorney can also:

• Determine your best legal courses of action. You need legal representation that fits the unique situation you’re facing. There are different types of protective orders and orders of injunction, and an attorney will determine which applies to your situation.
• Help you meet legal deadlines. Filing in the civil court system can be complex, and any mistakes may lead to an unsuccessful filing for protection. Working with an attorney will ensure the right information and evidence is in your petition and that all documents are completed correctly and submitted on time.
• Represent you in your hearing. If the person you are filing a protective order against decides to appeal the court’s decision, you may need to appear in court. Having an attorney by your side ensures you effectively present evidence and advocate for your safety.
• Help enforce the protective order. If the person you filed against decides to violate the protective order or injunction, you need an attorney to complete the filings necessary for civil contempt.

While most domestic violence accusations are legitimate and done to protect the victims from further harm, not all accusations are true. During contentious divorce and child custody proceedings, it is, unfortunately, possible for one party to falsely accuse the other of domestic violence to sway proceedings in their favor. Someone may also accuse a partner of domestic violence as a form of revenge.

If this is happening to you, it’s essential that you protect yourself from these accusations with the help of an effective and qualified attorney. An attorney can help build your case and provide evidence of your innocence. It is essential to respond to all forms of accusations, including protective orders and injunctions against harassment.

Some people believe that protective orders are not an issue since they weren’t planning on violating their terms in the first place. However, this isn’t true. It is important to protect your name and reputation and appeal the decision. A protective order can affect your life and your future, particularly if used against you during child custody or divorce proceedings. Consult with the attorneys at The Valley Law Group to gain an effective legal advocate in appealing a protective order or injunction against harassment.

Facing Domestic Violence Criminal Charges

Beyond a protective order, which is a civil court order, you may also experience criminal domestic violence charges. Whether the accusations are true or false, failure to secure legal representation could lead to a conviction. If you are convicted of domestic violence charges, you could experience severe penalties, such as fines and jail time.

If categorized as a Class 1 misdemeanor, you could face up to six months in jail and/or a fine of as much as $2,500. Whether your case is charged as a felony depends on several factors, including:

• If the victim was a child
• If there was a weapon involved
• If the victim was pregnant
• If the victim was injured or killed
• If the victim was elderly
• If there were prior charges of domestic violence, including misdemeanors

A severe violation is more likely to be classified as a felony charge. A Class 5 felony for domestic violence can result in up to 4 years of incarceration and a fine of up to $150,000. When you add the effects these charges may have on your reputation, career, and social life, it is easy to understand how crucial it is to work with an experienced attorney to preserve your freedom and reputation.

If you are a victim of domestic violence or harassment, you deserve a formidable legal advocate to ensure that you and your loved ones are protected from further harm. Whether you need to place a protective order to keep yourself safe or are facing accusations of domestic violence, you need an attorney well-versed in defending your rights.

Consulting with The Valley Law Group can help you reduce the stress you’re feeling and ensure you are doing what’s best for your family’s future. Contact our Arizona family law team today about your case to see how we can help you.