How Can I Protect My Rights If I Am Facing Domestic Violence Charges? Part 1: Understanding Domestic Violence Charges and Initial Steps to Protect Your Rights

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A symbolic and visually striking image of a beautiful single-family home being crushed by a large wooden gavel, symbolizing the devastating impact of domestic violence charges.

December 14, 2024

I’ve seen the look countless times – that mix of fear, confusion, and disbelief when someone first walks into my Phoenix office after being charged with domestic violence. If you’re reading this now and you’re in Arizona, you’re not alone, and there are clear steps we can take to protect your rights and future. As an Arizona defense attorney, I focus exclusively on cases within our state’s legal system, where domestic violence charges have their own unique characteristics.


Understanding What You’re Facing in Arizona

Let me be direct: domestic violence charges in Arizona aren’t like other criminal charges. Having handled numerous cases throughout Arizona’s courts, I can tell you that our state handles these matters differently than other jurisdictions. They’re not standalone offenses but rather enhancements added to charges like assault, harassment, or disorderly conduct when the alleged victim is:

– Someone you’re married to or divorced from

– A person you share children with

– A family member

– Someone you’re dating or have dated


The Next 24-48 Hours Are Critical

I’ve seen how a single conversation with Arizona law enforcement can dramatically impact a case’s outcome. Here’s what you need to know right now:

1. Protect Your Right to Remain Silent

Arizona prosecutors are skilled at using even well-intentioned statements against defendants. Your instinct might be to explain your side of the story. Don’t. Instead, politely but firmly tell law enforcement you’re exercising your right to remain silent until you have an attorney present. POLITELY BUT FIRMLY INVOKE YOUR RIGHT TO REMAIN SILENT BY FOLLOWING THE ADVICE IN.

2. Understanding Arizona Protective Orders

Many of my clients are shocked to learn they can’t return home or contact their loved ones due to protective orders. Under Arizona law, these orders are serious – violating them can lead to additional charges, regardless of whether the protected person initiated the contact.


If You’ve Been Arrested in Arizona

The minutes and hours after an arrest in our state are overwhelming. Here’s what you need to focus on:

– Stay calm and cooperative with Arizona officers, even if you disagree with what’s happening

– Clearly request an attorney before answering any questions

– Remember that everything is being recorded in Arizona jails – from phone calls to casual conversations

For more on what to do if you are arrested, check out my previous articles here, and here.


Why Early Legal Representation Matters

I’ve seen countless cases where early legal intervention made the difference between charges being filed or dismissed, between negotiating a favorable resolution or facing maximum penalties. The right attorney can:

– Protect your constitutional rights from the start

– Help you navigate our state’s protective orders while maintaining your family and work life

– Begin building your defense while evidence is still fresh


Moving Forward in the Legal System

Right now, you might be worried about your reputation, your job, your family relationships, or all of these. These are valid concerns, and they’re exactly why having experienced Arizona legal counsel is crucial. Having guided numerous clients through similar situations in courts across our state, I understand not just the legal complexities but also the personal toll these charges can take.


Don’t Wait to Get Help

Every hour matters when you’re facing domestic violence charges in Arizona. The state prosecutor’s office is already building their case – you need someone working on your defense immediately. If you’re within Arizona, I invite you to contact my office for a confidential consultation where we can discuss your specific situation and develop a strategy to protect your rights and future.


Important Note: My practice is limited to representing clients in Arizona state courts. If you’re facing charges in another state, I encourage you to seek qualified legal representation in your jurisdiction immediately.

Remember: being charged doesn’t mean you’ll be convicted. With proper legal representation and the right strategy, we can work toward the best possible outcome for your case under Arizona law.

If you or your case are in Arizona, call my office today for a confidential consultation. Let’s discuss your situation and develop a plan to protect your rights and future.