Tempe Domestic Violence Lawyers

Domestic violence is something that, unfortunately, affects families across Arizona every single day. While many people assume it only involves physical altercations, the truth is that domestic violence actually encompasses a much broader range of conduct. In many cases, a single heated argument can result in criminal charges, a protective order, or even immediate removal from home. Whether you’re seeking protection or are facing false domestic violence allegations, our firm is here to help. Contact the compassionate and skilled Tempe domestic violence lawyers at Weingart Family Law for an initial consultation today.

Domestic Violence Defined Under Arizona Law

Domestic violence is not actually a single, standalone crime in Arizona. Instead, it is a designation that applies when certain criminal offenses occur between individuals who share a specific type of relationship. This definition is set forth in Arizona Revised Statutes Section 13-3601.

First and foremost, the relationship between the parties matters significantly. A person can be considered a victim of domestic violence if he or she is:

• A current or former spouse
• A person with whom the accused shares a child
• A current or former romantic or sexual partner
• Someone who currently lives or previously lived in the same household
• A relative by blood or marriage, including parents, children, siblings, grandparents, and in-laws

The types of offenses that commonly fall under this classification are as follows:

• Assault or aggravated assault
• Threatening or intimidating
• Harassment
• Stalking
• Criminal damage
• Disorderly conduct
• Trespassing
• Unlawful imprisonment

Importantly, you should note that physical injury is not always required; threats, intimidation, and certain forms of harassment can also qualify. In other words, domestic violence cases are not always as straightforward as many people assume.

How to Get a Protective Order in Maricopa County

If you are a victim of domestic violence in Tempe or anywhere in The Valley, you can petition the court for an Order of Protection. This document can prohibit contact, remove an individual from the home, and provide other forms of relief designed to protect your safety. Generally speaking, the process works as follows:

• Determine eligibility: You must have a qualifying relationship with the other party and allege that an act of domestic violence occurred within the past year, or that there is a credible threat of imminent harm.
• File a petition: In Maricopa County, you may file a petition at a justice court, municipal court, or the Superior Court. Many courts now allow online filing as well.
• Provide specific details: The court will require you to describe what happened, including dates and specific incidents. The more detailed the information you provide, the better, despite how challenging this may be.
• Judicial review: A judge will review your petition, often the same day. The other party is not present during this review.
• Service of the order: If granted, the Order of Protection must be formally served on the respondent. It is not enforceable until service is completed.
• Hearing if requested: The respondent has the right to request a hearing to challenge the order. That hearing typically must occur within ten days of the request.

Additionally, an Order of Protection can also impact firearm rights and parenting time, which is why both petitioners and respondents should take these proceedings very seriously and hire a team of competent domestic violence lawyers who can safeguard their rights.

How Does Domestic Violence Affect Divorce Terms?

Domestic violence can dramatically affect the outcome of a divorce. In fact, when children are involved, the court is legally required to consider evidence of domestic violence when determining legal decision-making authority and parenting time.

Additionally, the law creates what is known as a rebuttal presumption. If the court finds that a parent committed significant domestic violence, there is a presumption that awarding sole or joint legal decision-making authority to that parent is not in the child’s best interests. This can, therefore, directly impact custody arrangements. Domestic violence allegations may also affect the following:

• Parenting time schedules, including whether supervision is required
• Temporary orders issued at the beginning of the case
• Exclusive use of the marital residence
• Negotiations regarding spousal maintenance

If You’re Falsely Accused of Domestic Violence

Domestic violence is a very serious issue, and courts throughout Arizona treat it as such. At Weingart Family Law, our lawyers care deeply about victims of domestic violence and the protection they deserve. At the same time, we also recognize that false or exaggerated accusations can occur, particularly in highly contentious divorce or custody cases.

As such, being falsely accused can be devastating. You may be removed from your home. You may be restricted from seeing your children. Your reputation may be affected almost immediately. That said, if you have been falsely accused, it is critical that you:

• Comply fully with any existing order
• Avoid contact with the other party if an Order of Protection has been issued
• Preserve any texts, emails, or other communications that may support your position
• Request a hearing as soon as possible to contest the order

Courts do understand that not every allegation is accurate; however, you’ll need to present your case as effectively as possible. That’s where our domestic violence lawyers can help.

Contact Our Phoenix Metropolitan Area Domestic Violence Lawyers

Domestic violence matters are complicated, emotionally charged, and often intertwined with divorce and custody proceedings. If you’re facing a domestic violence-related matter of any kind, our family lawyers are here to help. Contact Weingart Family Law for an initial consultation today.