A charge of domestic violence is very serious and can have long term repercussions for the individual accused. To make matters even more complicated, often there is no specific proof that any violence occurred and it may be a she said he said type of charge. Regardless of the issues surrounding the charge it is critical to get a Phoenix domestic violence lawyer on your side as soon as possible.
What is Domestic Violence in Arizona?
For many people the idea domestic violence revolves around acts of violence between spouses or those living together. However, under the law, domestic violence charges and the need for a Phoenix domestic violence lawyer can occur in any type of close or special relationship such as common-law relationships, child and parent relationships or even past partners or spouses.
Domestic violence can also include acts that not violent at all. In some situations violations of court orders of protection will be classified as domestic violence. These types of charges, if they are vigorously prosecuted, can actually elevate the charges to a felony charge of stalking or aggravated harassment. In cases where there is alleged to be a weapon involved it is possible that these charges can quickly escalate to serious criminal charges that may lead to significant jail time if the accused does not have a top Phoenix domestic violence lawyer.
What Does a Phoenix Domestic Violence Lawyer Do?
The role of your Phoenix domestic violence lawyer is to present your defense to the charges that you are facing. In many cases these charges are not based in fact and are often the result of misleading police reports and statements. Being falsely accused can be very difficult to prove without an attorney that specializes in this area of the law.
One of the first and most important roles of the Phoenix domestic violence lawyer is to determine if the charges meet the basis for a domestic violence complaint. In many cases the charges may have occurred because of self-defense where the accused was actually facing potential and imminent bodily harm or threat.
In other situations your Phoenix domestic violence lawyer will be able to show that the actions, words or events were not reported accurately and were not significant enough to be considered a criminal infraction. This is known as a de minimis defense and can occur when there are verbal conflicts or actions that are not outside the normal actions given the situation.
