Domestic Violence Defense Attorney

Q: What are Arizona's Domestic Violence Laws?

Domestic violence refers to acts of violence, or threats of violence, between persons who are in a domestic relationship. Domestic violence charges can be filed for real acts of violence or threats of damage, abuse, or infliction of violence, depending on the circumstances.

We Defend Those Accused of Every Type of Crime

Home » Criminal Defense » Domestic Violence

Phoenix Domestic Violence Criminal Defense Lawyer

Professional & Experienced Lawyer – Available 24/7

Domestic violence crimes are aggressively prosecuted here in Phoenix. These crimes often involve acts of violence such as assault, yet are treated more seriously, for the most part, when they occur between family or other household members. Law enforcement officers and prosecutors do their due diligence to put alleged domestic violence offenders behind bars and rarely drop charges, even if the alleged victim does not wish to press them. As a Phoenix domestic violence attorney, Belén understands the specialized circumstances surrounding the preparation and defense of a domestic violence charge. She has the courtroom experience and skill required to stand up against the state in the face of these allegations.

Belén Olmedo Guerra is known for providing aggressive defense representation for her clients throughout Phoenix. She has successfully handled a number of high-profile cases. For a free case evaluation of your Arizona criminal charges, call 602-715-0908 today.

What are Arizona's Domestic Violence Laws?

Domestic violence refers to acts of violence, or threats of violence, between persons who are in a domestic relationship. Domestic violence charges can be filed for real acts of violence or threats of damage, abuse, or infliction of violence, depending on the circumstances. Domestic violence charges in Arizona may result from any of the following acts:

Sexual Abuse
Physical Abuse
Stalking
Aggravated Stalking
Cyber Stalking
Economic Control
Harassment
Kidnapping
Child Abuse
Elder Abuse
Violation of Protective Order
Criminal Abandonment
Criminal Neglect
Emotional and Verbal Abuse
False Imprisonment
Disorderly Contact
Murder

Many people wrongfully assume that domestic violence can only occur between two people who are married or otherwise in an intimate relationship. This is not always the case. Under A.R.S. 13-3601, to be considered domestic violence, the state prosecutor must demonstrate that the offender threatened or physically assaulted someone who they:

Are currently or were formerly married to
Live with or used to live with
Currently have or used to have a romantic or sexual relationship with
Are related to by either blood or court order
Have a child with

Domestic abuse is taken very seriously by law enforcement officers, courts, prosecutors, and the general public. This criminal charge comes with harsh punishments that may very well result in significant and long-term consequences.

Is Domestic Violence a Felony or Misdemeanor in Arizona?

Domestic violence charges in Phoenix can be classified as a misdemeanor or a felony in Arizona depending on the nature of the violence and the number of incidents. First offenses are generally a misdemeanor. Those found guilty of domestic abuse three times in a seven-year period, on the other hand, might be charged with a felony domestic violence offense, which usually carries a prison term. The charges might also become more severe if the offender used a weapon or inflicted serious injury on another person.

For less serious domestic violence convictions, you may only face probation and be required to attend domestic violence counseling. If children are involved, custody and visitation rights will also likely be limited or revoked.

Order of Protection in Arizona

Under A.R.S. 13-3602, an Order of Protection is a civil court order that allows a person to seek protection from someone they live with now or have lived with in the past, or who is a member of their immediate family. The objective of a Protective Order is to prevent one person from harassing or perpetrating domestic abuse against another.

A court-issued Order of Protection forbids the defendant named in the order from contacting any other person also named in the order. The defendant, or person served with the order, must remain completely out of contact with the plaintiff, both physically and verbally, for a year.

These civil orders, unlike criminal domestic violence charges, can be imposed on a defendant with little proof of actual or threatened harm. The court will consider the petition, any additional pleadings on file, and any prior evidence presented by the plaintiff. The Order of Protection will be granted if the court decides that there is reasonable cause to suspect any of the following:

The defendant may commit domestic violence.
The defendant has committed a domestic violence offense within the previous year (or longer if the court decides that there is sufficient cause to examine a longer period).

Defenses for Domestic Violence Charges

Domestic violence lawyer Belén Olmedo Guerra will carefully and diligently listen to your side of things and do a comprehensive investigation of the matter in order to prepare your defense. By doing so, she will be able to find the best possible defense strategy, which might include any of the following:

False Accusations or a Changing Narrative
- A person may falsely accuse you of domestic abuse for a variety of reasons. For example, they may be attempting to sway the outcome of a child custody fight or a divorce. There is also the possibility that they’re so angry at you that they’ve gone to the extreme measure of fabricating domestic violence allegations. You have a good chance of being acquitted if your defense counsel can show that your accuser made a false claim, which might be shown in part by discrepancies in the accuser’s narrative about what happened.
Self-Defense
- You can use reasonable force to stop an attack if you are protecting yourself or another family or household member. It’s crucial to remember that you can’t claim self-defense if you initiated or otherwise worsened the situation. As a result, telling your defense counsel the truth about what transpired during the event is crucial.
Solid Alibi
- Belén can weaken the evidence against you if she can show that you were not there during the alleged event and that you were not involved in any violence. Other persons who can attest to the fact that you were with them when the supposed incident happened may serve as your alibi. It’s also possible that other members of your household or family will testify that you were not involved in any violence.
Lack of Evidence
- In certain situations, the prosecution may lack sufficient evidence to make a strong case against you. Your lawyer will double-check the prosecutor’s evidence and question anything that simply doesn’t add up.

Why You Need a Phoenix Domestic Violence Attorney

At The Belén Law Firm, we understand that aggressive criminal defense representation is required in cases involving domestic violence charges. These charges must be taken seriously. When accused of certain types of physical abuse (this includes spouse or child abuse), you may be presumed guilty before all of the facts are even shown. The penalties for a first conviction are harsh and can even include jail time. Subsequent convictions for domestic violence in Phoenix bring enhanced penalties and result in jail sentences.

With every case she takes, Phoenix criminal defense attorney Belén Olmedo Guerra closely scrutinizes every piece of evidence the prosecution intends to use against her clients. Armed with a thorough understanding of each case, she drives the case towards the best possible outcome, whether that is convincing the state of Arizona to dismiss or reduce the charges against her clients or crafting a successful defense at trial.

The fact of the matter is this: it isn’t easy to get domestic charges dropped in Arizona. Sometimes, the only way dismissal occurs is if the victim will sign a drop-charge affidavit in a criminal or civil proceeding. Even with this signing, the district attorney may still choose to pursue charges against you. That is precisely why you need the knowledge and experience of domestic violence attorney Belén Olmedo Guerra, who will fight on your behalf through the entirety of your case.

Top Domestic Violence Defense Lawyer in Arizona

Contact the Belén Law Firm today to discuss your domestic violence charges. We offer free case evaluations and are available for 24-hour criminal defense assistance. You can reach us at 602-715-0908 or by completing our online case evaluation form below.

Set Up Your Free Consultation

What Our Clients Say

"We first hired Belen and her highly esteemed team of expert litigators. For her integrity and professionalism, but during the course of our representation, we gained a degree of personal trust and reliance far exceeding our expectations. Belen demonstrated an amazing level of genuine care and compassion and an implicit desire to keep us informed and knowledgeable of each step in the process. She is a diligent and hard worker and leaves no stone unturned. Our representation was nothing short of brilliant, creative and successful! She is without a doubt the Lady I want in my corner. I would HIGHLY recommend her to anyone interested in winning their case with the least amount of headaches throughout the process."

"Belén is hands down the BEST defense attorney out there. She has the heart, compassion, determination, backbone and most of all, the desire to help her clients. Belén’s expertise and experience helped mitigate our case to receive a reduced sentence. She spent thousands of hours over the year and a half she represented our family to challenge the prosecution at every corner and on every angle. She went above what most attorneys do by hiring her own experts and investigators to ensure she went to battle fully loaded. Due to her dedication, determination and commitment, my family felt extremely satisfied and confident that she obtained the best outcome with a reduced sentence. Belén is a stand up human being who, not only represented our family, but became family. If you want the best defense attorney, Belen is your choice!"

"At a time where we felt helpless and, quite frankly traumatized, Belen stepped in and reassured us that we had options and assured us she would work her hardest for a satisfactory resolution. My teenage son needed defense against law enforcement and my family needed legal advice and support in the worst way. Despite being beaten black and blue by police officers that said he was resisting arrest, they also charged him with two felonies. We were all at a loss and Belen was able to keep us grounded as we went through the process explaining every step along the way. She worked extremely hard to expose the truth about the officer involved, and because of her hard work, the felonies were dropped. My son can go on with his life without having his record and character tarnished by these unjust accusations."

"Hire this one! I spoke to several firms before using Belen. Every other firm connected me to a sales person who refused to allow me to speak with an attorney. Belen was put on the phone when I called at 7pm on a Saturday. Belen cared about my son. He had a warrant for his arrest and did not know until he was pulled over and hauled off to jail. Belen went to the jail on Saturday, stood with my son in jail in front of the jailhouse court judge and told that judge how it was. My son walked out 2 hours later without paying for bail. The following week, she called the prosecutor and was able to get the plea reinstated from years prior that resulted in the case being fully dismissed. Also, her fees for everything were lower than the other attorneys who were trying to get me to pay over the phone. I highly recommend Belen!"