Domestic Violence

Domestic Violence A.R.S. 13-3601

In Arizona, if a there is a family argument, and one person calls police it is very likely that someone will be arrested once police arrive. In the past police might have just warned not to keep fighting but domestic violence is now taken very seriously.

Once police arrive, they will usually get both sides of the story and try to determine who may have been the person who started the argument or fight. Sometimes, the person who calls the police is the person that police end up arresting. Sometimes both parties are arrested. If the parties are a husband and wife, both are arrested, and there are children present, then DFS will come and take possession of your children

A simple verbal argument can ruin a night very quickly.

There are certain factors that Arizona looks at to determine if the infraction should be labeled domestic violence.
  • If the parties are married or formerly married.
  • If they have a chld in common.
  • If one party is pregnant by the other party.
  • If the parties are related by blood or court order.
  • If there is a current or past sexual relationship.

Generally, domestic violence will “attach” to another criminal act such as disorderly conduct, criminal damage, assault, harassment, or threatening and intimidating.

However, domestic violence can become a Class 5 Felony in Arizona if you have been found guilty of domestic violence 3 times within a 7-year period. Additionally, there will be mandatory jail for the 3rd or 4th violation.

Orders of Protection

In Arizona, Orders of Protection are specifically for protecting persons against domestic violence. An order of protection will only be granted if many of the factors listed for domestic violence are present such as whether the parties have a child in common, have or had a sexual relationship, family members are a few.

A judge can order that you cannot possess firearms If a complaining person asks a judge to prevent you from being able to possess firearms.

The person served with the order has the right to fight the order and the loss of his/her right to possess firearms.

Mr. Thornley has years of experience fighting these types of orders. Many times, a complaining party files a petition for an order of protection with facts that may not be true.

Orders of Protection will not be issued to keep your neighbor from harassing you or any other situation outside of a domestic relations setting.

To protect yourself from anyone else the court may issue an Injunction Against Harassment. In injunction is a complicated way to say “Stop.”

Injunction Against Harassment – A.R.S. 12-1809

If you are served with an Injunction Against Harassment you should call an attorney right away to see what your rights are.

If you are served with the order of the Injunction Against Harassment, then a complaining party has alleged that you have committed certain acts that constitute harassment in Arizona.

It is important for an attorney to review the petition as well as go over your side of the story to develop a strategy for fighting these orders.