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.
Federal Full Faith and Credit Laws
Under federal law, a protective order issued in one state must be enforced wherever a violation occurs — even if it is not in the same state where the order was issued. Known as full faith and credit, this federal law seeks to protect victims of domestic violence from abusers crossing state lines to violate the terms of protection orders. If you have questions about protection orders, contact The Law Offices of Michael E. Ziton, P.C. & Associates in Phoenix, Arizona, today to schedule a consultation with an attorney who can help you understand the scope and effect of the order.
Interstate Enforcement of Protection Orders
Pursuant to federal law, each state is required to give full faith and credit to valid protection orders issued by other states. 18 U.S.C.A. § 2265. Protective orders are defined broadly under the law to include "any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person…" 18 U.S.C.A. § 2266(5)(A). Support, child custody and visitation provisions, if issued as part of a protective order, must also be enforced. 18 U.S.C.A. § 2266(5)(B).
A key component of the law is that the protection order must be valid before the jurisdiction is required to enforce it. To be valid, a protection order must have been issued by a court that had jurisdiction over the parties, as well as jurisdiction over the matter under the law. Furthermore, the person against whom the order was sought must have been given reasonable notice of the proposed order and an opportunity to be heard before issuance of the order. 18 U.S.C.A. § 2265(b).
The order does not have to be an original or contain a raised seal. The person whom the order protects does not have a duty to register the order with the new state, should he or she move. Also, the person seeking to enforce the order does not have to carry a copy of it with him or her.
If the police in another state fail to comply with a protection order because it was issued by another jurisdiction, the officer and/or the police department may be held legally responsible for their inaction if someone is injured as a result.
Speak to a Lawyer
Just because a protection order was issued against you in one state does not mean it cannot be enforced against you in another. Under federal law, a valid protection order must be enforced in any U.S. jurisdiction where a violation occurs. Contact The Law Offices of Michael E. Ziton, P.C. & Associates in Phoenix, Arizona, today to schedule a consultation with an attorney to learn more.
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