Domestic Violence Attorney in Tucson
Giving You a Voice in a Court of Law
In the past, domestic violence was not always treated as a serious offense, and true victims were not always taken seriously. While changes to the law and Arizona Constitution have given true victims substantially more power in the legal system, and a presumption that they are the victims of a serious crime, an unfortunate side effect is that individuals making false claims have been given the same power. Under the law as it exists today, a telephone call from a well-meaning neighbor can turn a family argument into a criminal charge. You can even be charged with domestic violence for breaking your own property in your own home.
If you have been charged with domestic violence, you may very well find that the courts are unwilling to hear your side of the story. Nesci & St. Louis passionately advocates for your Constitutional rights in the judicial system. Having dedicated more than 80 years of combined experience to defending those accused of crimes, our Tucson domestic violence lawyers are determined to give you a voice in the Arizona courts.
Call our firm and share the details of your case in a confidential consultation.
Domestic Violence Laws
Family offenses are contained in Chapter 36 of the Arizona Revised Statutes criminal code title 13. §s 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 on 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 offense.
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 or prison term
- The issuance of an injunction that restricts where you can live, where you can travel, and, in some cases, how close you can be to an alleged victim
- The loss of custody of your child
- The imposition of supervision or suspension of child visitation rights
- Deportation from the country
- The loss of gun purchase, ownership and possession rights
Lifting a Domestic Violence Injunction
Our Tucson domestic battery defense attorneys will 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 will 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 false allegations and claims in the petition, and will ask the court to quash or modify the order. Consult with our dedicated defense law firm if you have been charged with domestic violence.
To fight claims of domestic abuse and battery, call Nesci & St. Louis today at (520) 999-2441 to schedule your free initial consultation.