Are you facing domestic violence charges? Has a protective order been issued against you? If so, let the Shah Law Firm, as represented by Phoenix domestic violence lawyer Arja Shah, helps defend you against any and all charges related to domestic violence.
During most domestic violence incidents, it is quite common to not have any third party witnesses, and with little evidence at that. More often than not, innocent parties are the ones wrongfully slapped domestic violence charges, which could potentially alter their lives forever.
Your freedom is at stake. Whether you’re facing domestic violence Arizona first offense charges or higher, it’s very important for you to secure the services of an experienced and aggressive domestic violence lawyer who has handled numerous domestic violence cases across the valley.
FAQs About Domestic Violence In Arizona
What about self-defense strategies like, “He or she hit me first, so I hit her back”. How do these scenarios play out and who gets arrested and charged?
Usually, the first one who calls the police is the one who gets to be the victim because they get to tell their story first.
In terms of “She hit me first, so I hit her back” or vice versa, it’s a mistake to just think of domestic violence as man against woman because quite often, it’s just the opposite. That certainly would not be a defense because that would be an excuse or a justification to commit the act. That wouldn’t be justification under the law, so that would not be a defense.
What are the common types of domestic violence?
It’s also a mistake to assume that domestic violence only involves physical violence, as there are also other types of domestic violence. So what are the types of domestic violence charges that you can be accused of in court?
Physical abuse is the type of abuse most commonly associated with domestic violence. Slapping, punching, biting, strangling, kicking, shoving, hitting with a blunt object, wounding with a sharp object, pinching, hair-pulling, and other forms of unwanted physical contact all qualify as physical abuse.
According to statistics from the National Coalition Against Domestic Violence (NCADV), 10 million people a year are being abused physically by an intimate partner, which means a lot of individuals seek out a domestic violence law firm like the Shah Law Firm to handle their cases.
An individual may file a domestic violence complaint against another member of the household who threatens to harm, intimidate, and isolate him or her on a regular basis. Such threats constitute psychological abuse. Threatening harm to property and even pets and trying to control every aspect of an individual’s life may also be seen as psychological abuse.
Sexual abuse in a domestic situation often connotes marital rape, where a person forces sex on his or her partner. However, domestic sexual abuse also includes sexual harassment, forcing the spouse to have sex with other people, or any unwanted, sexually-charged physical, verbal, or non-verbal conduct.
It’s also possible for a man, woman, or child in a household to claim emotional abuse if they are relentlessly targeted by another member with relentless name-calling, insults, and criticism on a regular basis. With the humiliation they are regularly subjected to, people who claim emotional abuse often feel a diminished sense of self-worth. However, building a domestic violence case around emotional abuse can prove to be tricky, a fact known to a skilled domestic violence lawyer Phoenix residents can trust. To file a stronger domestic violence case, the supposed victim typically may need to claim physical abuse as well.
Economic or financial abuse
An individual may not be physically hurting other members of the household, but limiting their access to finances can be interpreted as economic or financial abuse, which can provide them a basis for a domestic violence complaint. Withholding cash and blocking credit card use is seen as financial abuse. So is forcing them to work, turn over their paychecks, getting them fired from their jobs, and brazenly preventing them from getting another job.
It is common for a household to have members who have differing religious views, but stopping another from practicing his or her religious or spiritual beliefs could be grounds for a domestic case. Ridiculing another family member for his or her beliefs may also be seen as spiritual abuse.
In What Court Are Domestic Violence Cases Actually Heard?
As a felony, domestic violence cases would be heard in the Superior Court. If it’s a misdemeanor charge, your Phoenix domestic violence attorney would have to defend you in any one of the misdemeanor courts, which would be in a municipal court if it is heard within a particular municipality.
For example, if it occurred within the city of Phoenix and the Phoenix police investigated it, it would go to the Phoenix Municipal Court. If it was investigated by somebody other than a municipal officer—a deputy sheriff, for example—that case would go to a separate court system, the justice courts, where the county attorney would prosecute the case.
That can be an important distinction how the case is handled from the prosecution’s standpoint, as it depends on what that prosecutor’s policies are. The City of Phoenix will offer a diversion program for a first offense domestic violence in some circumstances. For cases in the justice courts where the county attorney prosecutes it, the county attorney does not offer a diversion, at least in Maricopa County.
In short, where the case will be heard depends on who the arresting officer is, and that can make a difference in the outcome of the case. Also making a difference would be whether or not you have the best domestic violence attorney Phoenix can provide on your side.
Additionally, Arja Shah has experience handling:
Super Extreme DUI
Assault and Battery
Why Choose the Shah Law Firm?
Arja Shah has successfully represented hundreds of people who have been charged with a crime. She has an outstanding track record when it comes to defending everything from misdemeanor DUI to serious felony charges. You deserve an attorney who believes in fighting for your rights inside the courtroom and out. Arja Shah is a skilled and experienced domestic violence attorney Scottsdale and Phoenix residents accused of domestic violence can trust to give them a solid defense in court.
- Experience With and Knowledge of Specific Judges and Prosecutors is Important
- Affordable Rates without Sacrificing Quality Defense is Key
- It’s Not Just Knowing the Law. It’s Also Knowing People and Compassion