Domestic violence in Arizona
When someone in Arizona is accused of domestic violence, it is important to determine if the matter is civil, criminal or both, in nature.
February 24, 2013
Domestic violence in ArizonaArticle provided by Knochel Law Offices, P.C.
Visit us at http://www.lawyersinarizona.com
The end of a relationship can be a very difficult time for everyone involved. Couples that once shared everything with one another now find themselves drifting apart. This can become emotional, and it can lead to arguments between the parties. The arguments can become very heated, and one of the parties may feel that the other has crossed a line.
Domestic violence can mean many different things. It can be actual physical violence against another person, but it can also occur when a person is making threatening phone calls or abusive statements. When someone in Arizona is accused of domestic violence, it is important to determine if the matter is civil, criminal or both, in nature. Each will have different requirements that the individual must comply with, or face certain punishments for violating these terms.
In civil domestic violence matters, the person is need of protection is not asking for the individual committing the offense to go to jail. The person making the request is simply asking the court to enter an order that states a certain person is engaging in abusive behavior, and that person must refrain from these activities, which generally means that there is to be no contact between the parties. If this order is violated, courts may have the person committing the abuse placed in jail. If the person who made the request decides to rescind the request, this order may be dropped, allowing contact between the parties.
In criminal domestic violence matters, the victim will have less control over what happens. In these situations, the victim is bringing charges against the individual alleged to have committed the violent acts, and prosecutors will make the decision whether or not the abuser is charged. If they decide to move forward with the case, the abuser could be facing jail time if convicted.
Substantial penalties may be handed down if criminal charges are brought against the abuse. Convictions can result in an individual losing custody or access to his or her children. Some individuals may be unable to own firearms. Certain occupations, especially government or law enforcement jobs, may be off-limits if a person has a conviction on his or her record.
If you have been charged with domestic violence, it is important to take the matter seriously. Your partner or family member may very well just be trying to hurt you, but if you violate any orders in place, you may wind up in jail. Speak to an experienced criminal defense or family law attorney about your case to learn the potential options that may be available to you.