The Shah Law Firm PLLC provides representation regarding all forms of “Protective Orders” and those charged with Domestic Violence charges…
Attorney Arja Shah can help you navigate any domestic violence charge.
It is very common that the person arrested during a domestic violence call is the person who did not call the police. During these incidents, it is common for there not be any third party witnesses and little evidence. As result, many times the innocent person is wrongfully charged with domestic violence charges. If this is to occur, it potentially can be life changing for ones relationship, career and future endeavors.
If you have been charged with domestic violence, your freedom can be in jeopardy. It is very important to retain an experienced and aggressive attorney who has handled numerous domestic violence cases.
Visitors may obtain additional valuable information regarding protective orders by visiting the Supreme Court of Arizona website and the WomensLaw.Org website about defending against a protective order.
Additionally, Arja Shah has experience handling:
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?
It is not typical but 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. However, that is quite often the case, not always, but often the case. So, the first one who calls the police gets to be the victim.
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 is a man against a woman victim 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.
In What Court Are Domestic Violence Cases Actually Heard In?
As a felony, domestic violence cases would be heard in the Superior Court. If it’s a misdemeanor charge, it would be heard 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, for example, a deputy sheriff, 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 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.
People can be treated differently simply based on which agency the arresting officer was with. If it occurs within the City of Phoenix, a Phoenix officer goes to Phoenix Municipal Court and may get diversion. If the arrest occurred within the City of Phoenix but it was a deputy sheriff, it will go to the justice courts, the county attorney will prosecute the case and a diversion would not be an offer.
In short, which court depends on who the arresting officer is and that can make a difference in the outcome of the case.
Domestic Violence Videos