Phoenix Domestic Violence

Domestic violence is serious, and it occurs far too often. Unfortunately, the victims of this abuse usually are too scared of their abuser to speak up, or they’ve somehow been gaslit into thinking they “deserve” the mental or physical abuse. Domestic violence doesn’t just happen between spouses or romantic partners, either. This type of crime can occur between anyone who shares a domestic relationship:

• Spouses
• Partners/boyfriends/girlfriends
• Siblings
• Parents
• Cousins
• Aunts and uncles
• Roommates

… you get the idea. If there’s a domestic connection, it can be charged as a domestic violence incident. These cases can also impact things like parenting time and the awarding of legal decision-making in regard to children. Obviously, the courts aren’t going to place a child with a parent that is unsafe or that lives in unsafe circumstances.

If you’ve been the victim of domestic violence, you should contact the Modern Law team immediately. We can help you protect your rights and get the best outcome in your case, no matter the circumstances.

Arizona Domestic Violence Charges

Arizona does not take domestic violence lightly. They have harsh penalties that stem from domestic violence charges at all levels. These violent or aggressive crimes generally involve a spouse or partner being abused, even though it could be several other domestic relationships.

The individual crimes under the domestic violence umbrella include things like:

• Spousal abuse
• Assault or battery against your spouse
• Elder abuse (at the hand of a family member)
• Child abuse or neglect
• Assault or battery against a family member
• Mental or emotional abuse of any kind
• Neglect
• Trespassing
• Intimidation and threatening
• Custodial interference
• Disorderly conduct
• Preventing phone use in an emergency

When charged with domestic violence, the court will take into account all the circumstances of the case, including the severity of the abuse, the duration, and other determining factors. This will help them determine the appropriate punishment.

Family Law is Complicated

Arizona does well to handle domestic violence issues, but this is an area that’s complicated and often confusing to navigate. Unfortunately, as you’ll learn below, it’s usually up to the victim to keep a record of abusive interactions or instances of violence so that they can prove to the courts that domestic violence is occurring.

Not only that, but when domestic violence is attached to divorce or child custody cases, it can become an emotional, turbulent time for everyone involved. And considering that as many as 60% of those who abuse an intimate partner will also abuse their children, it’s an issue that needs to be addressed as swiftly as possible.

Most cases of domestic violence still go unreported, even today. You should immediately contact the local police or the Maricopa County sheriff if you are involved in any domestic violence incident. If you do not feel safe to do so, wait until there is a time when you can do this without the other party noticing or contact an experienced domestic violence lawyer to help you determine the best course of action.

Arizona Orders of Protection

In Arizona, many domestic violence cases also include orders of protection, also known as restraining orders. An Order of Protection can be issued by the court to prevent the defendant from contacting the victim, both in person and over the phone or Internet. It can also spell out things like how they cannot come to your work, visit the children at school, etc.

The judge may also ask whether the defendant should be allowed to possess firearms or if there are others who need to be included in the protected parties list in the restraining order. Once the protection order is in place, a violation will mean the defendant can be arrested and placed in jail.

Whatever terms you deem most beneficial and protective for yourself and your children (if there are any) should be outlined in the protective order that you file for. And again, if you feel that you need help with this process, you can always enlist the assistance of an experienced Phoenix domestic violence lawyer like the team at Modern Law.

How Domestic Violence Impacts Child Custody

Arizona always considers the best interests of the children when it comes to parenting time and legal decision-making (formerly known as child custody). Therefore, if domestic violence has occurred or there is a risk of it occurring in the future, the courts will not award custody to the offending party. Even if the dispute was between the child’s father and his brother, for example, it still shows a tendency toward family violence and that’s no good for children.

What to Do if You’re a Victim

If you are experiencing domestic violence in any capacity, you should keep a journal or log that details all the events and their outcomes. Try to document dates, incidents, threats of violence, stalking and harassment, and other potential examples of abuse or danger to your person. You should also keep a record of things like alcohol or drug abuse, threats of violence or violent behavior towards others.

Take notes of conversations that you have, keep records of written communications with the offending party, and make sure that you’re doing everything that you can to create a paper trail that will help you prove to the courts the abuse that you’re experiencing at the hands of your spouse or other party.

Reach out to local domestic violence resources in Phoenix, including shelters that may be able to help you get away from the situation quickly and safely.

Contact the Modern Law Team Now

The other thing you need to do is to reach out to the Phoenix domestic violence lawyers at Modern Law. Our team has years of experience in Arizona family court issues, including domestic violence. We will go over your case and make sure that we do everything in our power to protect you and get the best outcome for all involved. If you are or have been the victim of domestic violence, you are not alone. Contact us now for assistance and peace of mind.