Tempe Domestic Violence Attorney
A domestic violence charge in Tempe can upend your life fast. You may be removed from your home the same night you are arrested, forbidden from contacting your partner or children, and facing criminal penalties that follow you for years. If you have been charged, you need a Tempe domestic violence attorney who understands Arizona law and knows how these cases move through the local courts.
At the Law Offices of T.M. Allen, Attorney Tyler M. Allen has successfully defended clients against domestic violence charges in Tempe Municipal Court, University Lakes Justice Court, and Maricopa County Superior Court. Many of those cases were dismissed. He knows how Tempe prosecutors approach these cases and how to fight back effectively.
Contact us today for a free case review.
What Is Domestic Violence in Arizona?
Under Arizona law, domestic violence is not a standalone crime. It is an allegation added on top of an underlying offense, like assault, disorderly conduct, criminal damage, threatening, or harassment. What makes it a domestic violence charge is the relationship between the accused and the alleged victim.
Arizona’s domestic violence statute, A.R.S. 13-3601, covers a wide range of relationships. You can face a domestic violence charge involving a spouse or former spouse, a current or former romantic partner, someone you share a child with, a family member related by blood or court order, and importantly for Tempe’s large renting population, a roommate or someone you live with or previously lived with.
That last category surprises a lot of people. A fight with a roommate, a heated argument with a housemate near ASU, or a dispute between people sharing an apartment can all result in domestic violence charges in Arizona.
What Are the Penalties?
The penalties depend on what underlying crime was charged and whether it is a misdemeanor or felony.
For misdemeanor domestic violence, a Class 1 misdemeanor carries up to 6 months in jail, fines up to $4,575, and up to 3 years of probation. Even a first-time misdemeanor conviction requires completion of a domestic violence offender treatment program that runs 26 to 52 weeks, which you pay for out of pocket.
Felony domestic violence penalties depend on the specific charge and your criminal history, and can range from probation to years in prison. If you have two domestic violence convictions within seven years, prosecutors can charge aggravated domestic violence under A.R.S. 13-3601.02, which is a Class 5 felony carrying mandatory jail time.
Beyond the court-ordered penalties, a domestic violence conviction also means a permanent violent criminal record visible to employers and landlords, the loss of your right to own or possess firearms under both state and federal law, and serious consequences in any child custody or divorce proceedings.
Spousal Abuse and Intimate Partner Charges
Charges involving spouses or romantic partners are among the most common domestic violence cases in Tempe. These often arise from a single 911 call during an argument, and once police arrive, an arrest is very likely regardless of what either party says. Tempe prosecutors have the authority to continue pursuing charges even when the alleged victim wants the case dropped. The decision to prosecute is entirely in the prosecutor’s hands, not the victim’s.
A Tempe spousal abuse defense lawyer can review the evidence, speak directly with the prosecutor about dismissal or reduction, and pursue diversion when that is the right option for your situation.
Roommate and Household Member Charges
Many people do not realize that a dispute with a roommate can be prosecuted as domestic violence in Arizona. Because the two people share a residence, the domestic relationship element is satisfied under the statute. This is especially relevant in Tempe, where shared housing near ASU is common and disputes between housemates happen regularly.
These cases often come down to competing versions of events with no independent witnesses. Attorney Allen knows how to investigate these situations, identify inconsistencies in the accuser’s account, and build a defense around the facts that actually exist.
Protective Orders in Tempe Domestic Violence Cases
In most domestic violence arrests, the court will issue an emergency protective order the same night. This order can prohibit you from returning to your own home, ban all contact with the alleged victim, and require you to surrender any firearms you own.
Violating a protective order is a separate criminal offense that can result in additional charges and immediate arrest. Navigating these orders is one of the most urgent things to address after a domestic violence arrest.
As your Tempe protective orders defense lawyer, Attorney Allen can file a motion to modify release conditions if the order is preventing you from accessing your home or maintaining contact with your children. Whether a judge grants that modification depends on the specific facts and what the alleged victim wants, but it is often worth pursuing, especially when the underlying allegations are minor or disputed.
How These Cases Are Handled in Tempe Courts
Most misdemeanor domestic violence cases in Tempe are investigated by the Tempe Police Department and prosecuted in Tempe Municipal Court, located at 140 E. 5th Street. Cases involving arrests by ASU Police or the Maricopa County Sheriff may be sent to University Lakes Justice Court or Kyrene Justice Court instead. Felony domestic violence charges go to Maricopa County Superior Court.
Knowing which court your case is in matters. Each court has its own prosecutors, tendencies, and procedures. Attorney Allen practices regularly in all of these courts and uses that familiarity to your advantage.
Common Defenses in Domestic Violence Cases
Every case is different, but several defenses come up regularly. Self-defense is one of the most common. If you were protecting yourself and the alleged victim was actually the aggressor, that is a legitimate defense under Arizona law that we will develop with evidence and witness statements.
False accusations are more common than many people expect. Domestic situations can be emotionally charged, and charges are sometimes filed as a result of anger, a custody dispute, or an attempt to gain leverage in a divorce. Attorney Allen has handled cases where a thorough defense investigation revealed serious credibility problems with the accuser’s account.
Lack of evidence is another strong avenue. The prosecution carries the burden of proving guilt beyond a reasonable doubt. If the case rests on a single witness’s account with no corroborating physical evidence, that is a meaningful weakness we can exploit at trial or use in negotiations.
Diversion as an Option
For first-time offenders, domestic violence diversion is sometimes available through Tempe’s city prosecutors. Diversion typically involves completing a counseling program and paying certain fees. If you complete it successfully, the charges are dismissed entirely and you avoid a conviction. Diversion is in the sole discretion of the prosecutor, but an attorney who knows how to frame your circumstances persuasively can make a real difference in whether it is offered.
Contact a Tempe Domestic Violence Attorney Today
The Law Offices of T.M. Allen offers free consultations for people facing domestic violence charges in Tempe. Attorney Tyler M. Allen will sit down with you, go through what happened, and give you an honest assessment of your options and realistic expectations about outcomes.
Contact us today to get started.
Cases Results
Case Dismissed
Aggravated Assault
State vs. B. H. – Aggravated Assault, Class 4 Felony, Dismissed after negotiations with prosecutor.
Case Dismissed
Disorderly Conduct
State vs. Y. Y. – Disorderly Conduct (Domestic Violence Offenses), Class 1 Misdemeanors, Dismissed after negotiations with prosecutor.
Case Dismissed
Assault
State vs. P. M. – Assault, Class 1 Misdemeanor, Dismissed in Veterans’ Court.
Case Dismissed
Disorderly Conduct
State vs. C. M. – Disorderly Conduct, Class 1 Misdemeanor, Dismissed.
Case Dismissed
Disorderly Conduct
State vs. J. W. – Disorderly Conduct, Class 1 Misdemeanor, Dismissed after negotiations with prosecutor.
Case Dismissed
Assault & Disorderly Conduct
State vs. T. W. – Assault and Disorderly Conduct (Domestic Violence Offenses), Class 1 Misdemeanors, Dismissed at Trial.
Case Dismissed
Assault, Criminal Damage, & Disorderly Conduct
State vs. J. C. – Assault, Criminal Damage and Disorderly Conduct (Domestic Violence Charges), Class 1 Misdemeanors, Dismissed after defense investigation.
Case Dismissed
Assault & Disorderly Conduct
State vs. D. D. – Assault and Disorderly Conduct (Domestic Violence Offenses), Class 1 Misdemeanors, Dismissed after negotiations with the prosecutor.
Tempe Domestic Violence Lawyer FAQs
Here are some common questions and concerns related to Domestic Violence charges in Tempe:
What is Domestic Violence?
In Arizona, the legal definition of domestic violence covers numerous crimes committed against an individual with whom the perpetrator shares a protected relationship.
What are some examples of Protected Relationships?
A protected relationship can be a spousal or familial bond, or simply living in the same house. If you and the alleged victim have a current or former romantic or sexual relationship, share a child, or are related by blood or court order, and you committed a qualifying crime, you could be charged with domestic violence.
What are the crimes that can be classified as domestic violence?
Some of the many crimes that may count as domestic violence if they are committed against someone with whom the defendant is in a protected relationship include: threatening, intimidating, assaulting, endangering, kidnapping, harassing, stalking, photographing, offending, or causing annoyance. Additionally, other offenses such as disorderly conduct, criminal trespass, cruelty to animals, crimes against children, and homicide may also qualify as domestic violence under state law.
What are the penalties for Domestic Violence crimes in Tempe, AZ?
The penalties for domestic violence crimes in Tempe, AZ can vary depending on the severity of the offense and other factors such as prior criminal history. However, in general, domestic violence charges can lead to serious consequences, including:
- Jail or prison time
- Fines and court fees
- Probation or parole
- Mandatory domestic violence counseling or treatment
- Restraining orders or no-contact orders
- Loss of gun ownership rights
- Negative impact on employment opportunities and reputation
In Tempe, domestic violence charges can also have long-lasting consequences beyond the legal penalties, including damage to personal relationships and social stigma associated with the offense.
It is crucial to seek the assistance of a reputable domestic violence lawyer if facing charges in Tempe, AZ. A skilled attorney can help protect your rights and interests throughout the legal process and work to minimize the impact of the charges on your life.
What are domestic violence laws in Tempe?
Domestic violence is taken very seriously in Tempe, and those charged with such an offense can face severe consequences. It is crucial to understand the legal process and the role of a Tempe domestic violence attorney in defending your rights and interests.
We have a deep understanding of the domestic violence laws in Tempe and can provide expert guidance and representation throughout the legal process. Our goal is always to minimize the impact of the charges on our client’s lives and help them move forward with confidence.
What are some defenses commonly used in Domestic Violence cases?
There are several defenses that can be used in Tempe domestic violence cases, depending on the circumstances of the alleged offense. Some of the most common defenses include:
- Self-defense: If the defendant acted in self-defense or to protect themselves from harm, this can be a valid defense in some situations.
- False accusations: Sometimes, a person may falsely accuse someone of domestic violence out of anger, revenge, or other motives. A skilled attorney can work to uncover any evidence that supports this defense.
- Lack of evidence: The prosecution has the burden of proving guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges, an experienced attorney can use this to defend against the allegations.
- Consent: In some instances where the domestic violence involves consensual conduct, such as BDSM, consent may be a valid defense.
- Mistaken identity: In some cases, domestic violence charges may be the result of mistaken identity, and the accused party did not commit the offense.
These are just a few examples of potential defenses in domestic violence cases. A skilled domestic violence lawyer can evaluate the specific facts of the case and develop a defense strategy tailored to the circumstances. It’s important to note that every case is unique, and the effectiveness of any defense strategy depends on the specific facts and circumstances involved.
What is a protective order and how do they play a role in domestic violence cases?
A protective order, also known as a restraining order or order of protection, is a legal order issued by a court that restricts the behavior of a person who has been accused of domestic violence. In domestic violence cases, a protective order is often requested by the victim or plaintiff and is designed to prevent the accused from harming or threatening the plaintiff or any other individuals involved.
Protective orders can include a wide range of restrictions, depending on the situation, such as ordering the accused to stay away from the plaintiff’s home, workplace, or school, prohibiting any contact with the plaintiff, and requiring the accused to surrender any firearms.
In many cases, a protective order is issued in conjunction with criminal charges against the accused. Violation of a protective order can result in additional criminal charges and penalties.
Protective orders play a critical role in domestic violence cases because they help protect victims from further harm and establish clear boundaries for the accused. They can provide a measure of safety and security for victims and help prevent future violence.
If you are facing accusations of domestic violence and are subject to a protective order, it is important to understand the terms of the order and comply with all requirements. A skilled Tempe domestic violence lawyer can provide guidance and support throughout this process and help protect your rights and interests.