Tucson Attorneys Defending You Against Charges of Domestic Violence

Giving you a voice in a court of law

In the past, victims of domestic violence were denied a voice in the courts. Through legislative efforts and education, women and men suffering from domestic abuse now have legal recourse. However, sometimes a domestic violence situation is not as it seems. The pendulum has swung too far, often encouraging law enforcement officers to arrest a domestic partner based on scant physical evidence and the testimony of an anxious, angry person.

If you have been charged with domestic battery, you may find that the courts are unwilling to hear your side of the story. Nesci & St. Louis, PLLC passionately advocates for your Constitutional rights in the judicial system. Having dedicated more than 40 years of combined experience to upholding justice, our defense lawyers are determined to give you a voice in the Arizona courts.

Domestic violence laws

Family offenses are contained in chapter 36 of the Arizona Revised Statutes criminal code title 13. Sections of the code cover such crimes as domestic battery, spousal assault, aggravated domestic violence and rape of a spouse. Domestic violence charges range from misdemeanors to felonies, depending upon the severity of the accusations.

Enacted in 2008, the Arizona Rules of Protective Order Procedures (ARPOP) govern the issuance of domestic violence orders of protection, emergency orders of protection, injunctions against harassment and injunctions against workplace harassment. ARPOP law guides judges on courtroom processes for issuing, amending and terminating orders. The law permits criminal and civil courts to issue orders of protection, and the violation of a restraining order is considered a criminal matter.

Consequences of false accusations of domestic battery

Domestic violence is a tragedy, and victims deserve compassion and protection. However, a false domestic battery allegation can also be a powerful weapon wielded by a jealous or disgruntled former lover or ex-spouse. The devastating consequences may include:

  • Jail term
  • Issuance of an injunction that restricts your movements
  • Loss of custody of your child
  • Imposition of supervision or suspension of child visitation rights
  • Deportation from the country
  • Loss of gun purchase, ownership and possession rights

Lifting a domestic violence injunction

Our defense attorneys take immediate action to press the court to lift your domestic violence injunction and to restore your rights. Upon receiving notice of the restraining order against you, we request a hearing — which must be scheduled within five days if you are denied use of your home and within ten days otherwise. At the hearing, we present evidence to counter the false allegations and petition the court to quash or modify the order.

Consult with our dedicated defense lawyers if you have been charged with domestic violence

To fight claims of domestic abuse and battery, call Nesci & St. Louis, PLLC today at 520.777.0235 or contact us online to schedule your free initial consultation.