Currently, we have four lawyers who only practice criminal defense law. So between the four of us, we’ve represented hundreds and hundreds of clients collectively. Throughout the course of our time practicing, we’ve represented virtually every type of domestic violence case, including relationships between students, married couples, family members and acquaintances.
How Is Domestic Violence Defined In Arizona?
Domestic violence is not a separate and independent crime. It’s a crime that is tacked onto an underlying offense. For example, people can be charged with assault, disorderly conduct or criminal damage, which can be categorized as non-domestic violence; but when there is a domestic relationship and one of those underlying offenses, then it becomes a domestic violence case. So an assault on somebody where there is a relationship can turn into a domestic violence assault; the same thing goes for disorderly conduct/domestic violence. It can happen in a non-domestic violence situation, but it can also be categorized as a domestic violence offense.
There are a number of different ways that a domestic relationship is established in Arizona; the most common one is if there is a sexual relationship between the parties, which can trigger a domestic violence designation. Arizona law looks at a couple of different factors, including the type of relationship, the length of the relationship, the frequency of the interaction between the two people, and the length of time since the relationship has been ongoing or since it was terminated. This is really what we’re looking at in terms of domestic violence offenses in people who are not married. Another way, of course, is if there is a marriage or they lived in the same household; this can trigger the domestic violence designation. Then there is the relationship between a parent and a spouse or in-laws or grandparents; basically, any relationship by blood or by court order would all signify a domestic relationship.
How Often Do Domestic Violence Cases Result In The Aftermath Of A Divorce Or Separation?
It’s definitely, in our experience, more of a one-off type of situation. So most of our clients that we see get into minor disputes with one another, such as an argument or some minor sort of physical touching between one another, so it’s really just a minor event that happens. The neighbors will call the police, which escalates into criminal charges; the parties will then go through some counseling, take some classes together and the situation resolves itself.
There are those other situations that can be much more aggressive, where people are fighting over custody or over finances; the relationship is materially broken, and there’s not going to be any possibility of reconciling. But the majority of our cases involves good people who’ve never been in trouble before and just got caught up in a passionate moment that led to this type of situation.
Will Someone Be Arrested If Police Are Called On An Instance Of Domestic Violence?
It is very common. If the police are coming out and responding to a scene, it’s almost a certainty that somebody is getting arrested. In our experience, the majority of the time it is the male for whatever reason. We do see females get arrested, but probably 95 times out of 100, it is the male. They get arrested and charged, unless there is some really strong evidence to contradict an arrest, but virtually every time the police come out, somebody is getting arrested. There have been occasions where the police will come out and give a warning, usually because they don’t have enough evidence and are waiting for something to escalate again. Then if somebody calls a second time and they come back out, they’ll either arrest one party or both parties so that they don’t have to keep making trips back out to the residence.
For more information on Domestic Violence In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 400-1355 today.