Get answers from a former domestic violence judge and experienced defense team.
The answer depends on the release conditions the court gives you. In Arizona, under the Rules of Criminal Procedure, it is a standard release condition that you are not allowed to have any contact with the alleged victim.
Some courts say the accused is not allowed to initiate contact with the alleged victim. If your release condition simply says “you shall have no contact,” then even if the alleged victim calls you and you answer, you are in violation and can be taken into custody.
A private attorney can file a motion asking the court to modify the release conditions to specify “no uninvited contact.” As a former judge, Attorney Derek Oliverson presided over thousands of domestic violence cases and ruled on hundreds of motions to modify release conditions.
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A domestic violence charge could have a substantial impact on your relationship with your children, and could also affect a pending family law case. If you get a domestic violence conviction, the other side may use it to seek restricted child custody or parenting time.
If the release conditions state that you cannot return to the scene of the alleged crime or have any contact with the alleged victim, that often means you cannot go to your house or have any communication with your children while the case is pending.
Self-defense is a viable defense, but it depends on the facts and circumstances. The defendant must prove that self-defense was necessary at that point.
Other defenses include examining the alleged victim’s history of dishonesty or false accusations, and whether there’s a lack of physical evidence. If it’s a “he said, she said” case, the state may not be able to prove the case beyond a reasonable doubt.
No. In Arizona, victims do not control the prosecution. Once a person is arrested and charged, whether the prosecution goes forward is strictly in the hands of the prosecutor. The prosecutor can subpoena the victim and order them to appear for trial.
However, if the victim no longer wants to cooperate, our Arizona DV lawyers can use that in negotiations with the prosecutor to get charges dismissed or substantially lowered.
Our team includes a former domestic violence judge, prosecutors, and police officer. This combination of experience is vital for your defense because we anticipate the moves and strategy of the prosecution and the judge.
It depends on your specific release conditions. If the order says “no contact,” any contact is a violation. An attorney can file a motion to modify conditions to “no uninvited contact,” which allows communication as long as both parties agree.
Yes. A DV charge can significantly impact child custody proceedings. If release conditions prohibit contact with the alleged victim, you may also be unable to see your children while the case is pending.
No. In Arizona, the prosecutor decides whether to pursue the case, not the victim. However, a victim’s reluctance to cooperate can be used by your attorney to negotiate reduced or dismissed charges.
Violating release conditions can result in being taken into custody and facing additional charges for failure to comply with a court order. This can seriously damage your case.
Our team of former judges, prosecutors, and police officers is ready to fight for you. Available 24/7 throughout Arizona.
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