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Phoenix Domestic Violence Lawyer

Phoenix Domestic Violence Lawyer

Domestic violence covers any form of abuse that takes place between people who share certain close relationships. Physical abuse, threats, and intimidation that occur within a family are all covered by the Arizona domestic violence law. If you have been arrested on domestic violence charges, it’s important to call an experienced defense lawyer for help as soon as possible.

Domestic violence charges can ruin your reputation and turn your life upside down. If a restraining order is issued, you may lose the ability to spend time with your children and may be ordered to move out of your home. At Orent Law Offices, Craig Orent has spent over 33 years fighting to protect clients from unfair prosecution in Phoenix, AZ. Call today to schedule your free initial consultation to discuss options in your case.

How An Experienced Domestic Violence Defense Lawyer at Orent Law Offices Can Help

Young woman is sitting hunched at a table at home, the focus is on a man's fist in the foregound of the image

Orent Law Offices knows that the stakes are high when you are facing domestic violence charges. Both your reputation and your family are at risk. Family law almost always involves highly charged emotional issues. Mr. Orent is skilled in handling these and other issues that arise in domestic violence cases.

Our law firm understands the type of high-quality legal representation you need when facing domestic violence charges.

Mr. Orent has been certified by the Arizona State Bar Association as a Criminal Law Specialist. He has more than three decades of experience helping people fight criminal charges in Phoenix.

When you hire our Phoenix criminal defense attorneys to protect your interests, you can expect:

  • A lawyer who will take a vested interest in your case, personally handling your defense and working with you to protect your future
  • A team who will conduct a thorough investigation into what happened, interviewing witnesses and finding evidence to support your defense
  • A lawyer who knows the legal system and can work with the prosecutor to fight to get the charges against you reduced or dropped
  • A lawyer who will jump into action quickly to protect your rights, especially if you are facing a protective order that significantly limits those rights
  • That your attorney will advocate fiercely on your behalf to protect your interests every step of the way

When facing domestic violence charges, defendants often make the mistake of trying to negotiate with their accuser. After all, it is likely that you share or shared a close relationship. This is a mistake because once law enforcement becomes involved, anything you do can be used against you at a later date.

Our experienced defense lawyers are here to handle every aspect of your domestic violence case. We have a proven track record of success spanning 33 years—and offer the dedicated, strong legal support you need. Call our experienced Phoenix domestic violence attorney today for a free consultation to learn more.

How Does Arizona Law Classify Domestic Violence Charges?

Domestic violence charges are governed by Arizona Revised Statutes Section 13-3601. Under Arizona law, whether a crime is classified as domestic violence depends upon the relationship between the parties. Both the relationship element and the elements of the underlying criminal offense are important to the domestic violence charge.

Phoenix Domestic Violence Law: Domestic Relationship Element

Domestic violence charges carry certain enhanced penalties if a domestic relationship is involved. Enhanced penalties may apply if the person accusing you of violence is:

  • A spouse or former spouse
  • A current or former dating partner
  • Someone who shares or home, or with whom you lived in the past (roommates)
  • Someone with whom you have a child in common, or if you are expecting a child with that person
  • Parents, grandparents, children, grandchildren, brothers and sisters
  • In-laws
  • A child of a former romantic or dating partner

Domestic violence charges are taken very seriously in Maricopa County. Not only will you face penalties for an underlying criminal offense, but you might be subject to a restraining order before you even have a chance to present your defense.

Phoenix Domestic Violence Law: Underlying Criminal Offense

The list of violent or abusive actions that can trigger the application of the domestic violence law is spelled out in the law. Domestic violence can be a felony or a misdemeanor, depending upon the offense involved.

Examples of the types of offenses that can amount to domestic violence include:

As with other types of criminal offenses, domestic violence charges can be aggravated depending upon the circumstances. For example, if assault is the charge, the use of a deadly weapon is an aggravating factor that could increase the severity of the charges you might face.

Criminal Threatening

Domestic violence charges do not have to include proof that actual violence occurred. Serious threats of violence can be sufficient to support the charges.

Elder Abuse

Certain types of emotional abuse can also support a domestic violence charge. Emotional or financial abuse of a vulnerable elderly parent, for example, can be sufficient to support a domestic violence charge.

Reckless Endangerment of a Child or Vulnerable Adult

Simply putting a child or vulnerable adult in a position where they are likely to be in danger is a crime under ARS 13-3623. Reckless endangerment, even where no physical harm actually occurs, can support a domestic violence charge in Arizona.

Can You Fight False Allegations in Domestic Violence Cases?

In Phoenix, law enforcement officials largely ignored most allegations of domestic violence for years. While domestic violence is something that should never happen, attitudes have now shifted dramatically—so that police often arrest domestic violence suspects with little to no evidence.

Despite this, it is still necessary to have a strong lawyer in your corner to advocate for your rights. When law enforcement officers suspect domestic violence, your claim that the allegations are false will mean very little. You need a lawyer who understands how to work within the system to challenge the charges against you.

At Orent Law Offices, we have the experience you need to handle your defense from start to finish. Domestic violence cases move quickly—and it’s important that you do the same. When choosing a lawyer, it’s important to remember that both legal qualifications and real-life defense experience are critical to getting results in your case.

What is an Order of Protection in Phoenix, AZ?

In Arizona, a restraining order is called an order of protection or an injunction. The courts can issue an emergency order of protection (EOP) against someone who poses an immediate threat of domestic violence. To get the EOP, the victim only has to show:

  • Domestic violence took place
  • A domestic relationship covered by the domestic violence law existed between the defendant and the alleged victim

EOPs are usually issued quickly, before you have a chance to present evidence in your own defense. However, the EOP will only remain in effect for a short period—from between 24 hours to ten days.

At that point, the person requesting the order can pursue their right to a permanent order. These cases move quickly, and you should call a lawyer as soon as an EOP against you has been issued—day or night.

Once made “permanent,” the order of protection usually lasts for 12 months. These orders can contain a number of restrictions, and can:

  • Prevent you from contacting the alleged victim in any way
  • Require you to move out of a shared home
  • Limit your contact with your children
  • Prevent you from visiting certain locations, such as the alleged victim’s workplace or your children’s school
  • Require you to surrender your firearms or other weapons
  • Require you to complete a court-ordered domestic violence program

These restrictions can apply in addition to any penalties for the actions that led to a domestic violence charge. However, there is no need for the alleged victim to obtain a conviction against you in order to get an order of protection.

An Experienced Defense Lawyer Can Fight an Order of Protection

Emergency orders of protection can be issued without providing the defendant with any notice. This is known as an “ex parte” hearing, where the alleged victim will request the order based upon past or feared domestic violence. You must receive notice within 24 hours of the EOP’s issuance.

At that point, you have the right to request a hearing to challenge imposition of a permanent order. Challenging an order of protection is extremely important for a number of reasons. Even though the order is handled in civil court, and is not a criminal matter, an experienced defense lawyer is critical to fighting the order.

Criminal Penalties for Violating an Order of Protection

Violating an order of protection is a criminal offense. Jail time and penalties in addition to any underlying offense may apply. Penalties can include:

  • Up to one year in jail
  • $2,500 in fines

Like a domestic violence conviction, the restraining order will go on your record. Employers, landlords and others who might conduct a routine background search will also be able to see that an order of protection was issued against you.

Motion to Dismiss the Order of Protection

At Orent Law Offices, Mr. Orent will request a hearing with the goal of having the order or protection dismissed. If it is not possible to obtain a dismissal, it may be possible to modify the order’s restrictions. You have the right to object to a protective order while it remains in place.

For many, it can be important to object as quickly as possible. The hearing is usually scheduled five to ten days after requested. Having an experienced criminal defense attorney is especially important in these cases, where emotions between you and the alleged victim may run high and influence the judge’s decision.

It is ultimately the plaintiff’s responsibility to present sufficient evidence of domestic violence for the order of protection to remain in place. You then have the right to present evidence in your defense.

Elements of a request to dismiss an order of protection may include:

  • There is no hard evidence that the alleged victim’s allegations of domestic abuse are true
  • The alleged victim has motive to make false allegations against you
  • The alleged victim has initiated contact with you since requesting the order of protection
  • Witness testimony to discredit the alleged victim

Evidence that the alleged victim filed for divorce or initiated legal proceedings against you recently, so that requesting the order may have been part of an overarching strategy unrelated to domestic violence.

Fighting an order of protection can be just as important as fighting the underlying domestic violence charges. You need a skilled and experienced defense lawyer in your corner. Call Orent Law Offices to schedule a free consultation to discuss options as soon as possible.

Building a Strong Defense to Allegations of Domestic Violence

At Orent Law Offices, we conduct a detailed investigation to find out what happened in your case. Mr. Orent will put the full weight of his experience to work in building the strongest possible defense for you. Although your defense strategy will be uniquely tailored to reflect your specific circumstances, a strong defense might include:

  • Identifying flaws in the prosecutor’s case and poking holes in their evidence
  • Discrediting witnesses who are brought to testify against you
  • Locating witnesses who will testify to your good character
  • Challenging evidence that was obtained illegally
  • Determining whether your constitutional rights were violated at some point in the process

You may be facing domestic violence charges based upon circumstances where you were only trying to defend yourself. Self-defense can function as an element of a strong defense strategy. Mr. Orent will work to get the evidence needed to prove your case.

A domestic violence charge is not a conviction. Having a respected defense lawyer by your side gives you the best chances of putting the charges against you in the past. Call Orent Law Offices to learn more about how an experienced Phoenix domestic violence defense lawyer can help protect your rights.

Call Today to Schedule a Free Initial Consultation with an Experienced Phoenix Domestic Violence Lawyer

When faced with domestic violence charges, the skill and experience of your lawyer can be critical to protecting your future. Orent Law Offices offers the specialized criminal defense you need. Learning more about your options is the first step to protecting your legal rights.

Your first consultation with Mr. Orent is always free. If you have been arrested on domestic violence charges, call an experienced Phoenix domestic violence lawyer for a free initial consultation today.