When you are faced with domestic violence charges, working closely with an attorney who cares about protecting your best interests can be invaluable. Contact our firm today to schedule a consultation with an experienced criminal defense attorney.
Attorney Michael E. Ziton is a former prosecutor who has handled thousands of domestic violence and assault cases, both felonies and misdemeanors, in Arizona. The Law Offices of Michael E. Ziton offers experienced and dedicated criminal defense representation to clients statewide who have been charged with domestic violence or a related offense - including charges arising out of the alleged use or brandishing of a weapon.
The information presented below is intended to provide a general background of the domestic violence laws and the potential consequences of conviction. To talk to an experienced lawyer about your case, contact us at 602-234-9290 for a free consultation.
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Conviction of domestic violence in Arizona can carry serious consequences. You may face lengthy jail time and the loss of your right to own a gun. If you are involved in a divorce or custody battle, your access to your children may be severely limited. If you are accused, we encourage you to contact usimmediately for sound advice and experienced representation.
If you are arrested and charged with a crime like domestic violence, aggravated assault, stalking, false imprisonment or harassment, the advice and resources of an experienced criminal defense attorney can be the difference between a conviction and an acquittal. Contact the Law Offices of Michael E. Ziton & Associates at 602-234-9290 for help today.
Domestic Violence and Child Custody
Under state law, domestic violence charges should be considered by the court before making any decisions regarding child custody. Thus, those who have been charged with domestic violence may be denied custody rights altogether or granted limited, supervised visitation with their children. Contact The Law Offices of Michael E. Ziton, P.C. & Associates in Phoenix, Arizona, today to schedule a consultation with an attorney to learn how domestic violence charges may affect the outcome of your child custody proceedings.
The Best Interests of the Child Standard
The guiding principle used by courts in child custody cases is the best interests of the child. The court will perform an analysis of several factors to determine in each custody case what will be the best custody outcome for the child. Some of these factors include:
- Each parent's wishes
- The child's wishes
- Interaction and interrelationships between the child and each parent and any other siblings or family members
- The child's adjustment to the home, school and community
- The mental and physical health of the child and parents
Domestic Violence as a Factor
Every state also requires courts to consider any domestic violence allegations or charges prior to making custody determinations. Many states have adopted the language of the Model Code on Domestic and Family Violence, which creates a presumption that it is not in the best interests of the child to grant sole or joint custody to the parent charged with domestic violence.
This presumption may be rebutted under certain circumstances, such as cases where the abuser successfully completed a batterer's treatment program, an alcohol or drug abuse counseling program or a parenting class. Also, a court will consider the number of incidents of domestic violence and the proximity of the incidents to the custody proceedings.
Generally, courts favor custody arrangements which allow children to maintain healthy relationships with both parents. However, in cases were domestic violence occurred or has been alleged, the court may determine it is in the child's best interests to have no or very limited time with the abusive parent.
Speak to a Lawyer
A domestic violence allegation, arrest or conviction can complicate child custody issues. Contact an experienced attorney at The Law Offices of Michael E. Ziton, P.C. & Associates in Phoenix, Arizona, today to schedule a consultation with an attorney to learn more about your options for maintaining a relationship with your child.
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