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.
Orders of Protection
Protective orders are used to prevent contact between victims and alleged domestic violence abusers. These orders can have a serious impact on the freedoms and abilities of those who are subject to them and can affect divorce and child custody proceedings. 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 about the consequences a protective order can have for you or a family member.
What is a Protective Order?
Victims of domestic violence can petition the court for a protective order to stop threatening or harassing behavior. The behavior complained of does not have to be physical violence. To issue the order, the court must be convinced by sufficient evidence that the person requesting the order has been abused or has been credibly threatened with violence. Protective orders are usually issued for a limited time, but also may be permanent. They generally require someone accused of domestic abuse to stop the abuse and also may require:
- Vacating a shared residence
- Prohibiting contact with the victim
- Avoiding the victim's premises
- Returning personal property and/or marital property
- Paying child support and/or spousal support
- Paying the mortgage or other bills
- Attending counseling for domestic violence, anger management, drug or alcohol abuse
To enter a protective order against someone, he or she must receive notice of the order and be given an opportunity to challenge it. In some instances, however, the court may issue an emergency temporary protective order (called an "ex parte order") without providing notice or an opportunity to be heard to the alleged abuser. In these cases, the court will set a date for a formal hearing to provide the alleged abuser the chance to defend himself or herself.
Who Do Protective Orders Apply To?
For the court to issue the order, the parties' relationship must be one described under the state's domestic violence statute. This usually includes:
- Spouses
- Ex-spouses
- Live-in boyfriends or girlfriends
- People who share a child
- Relatives, including parents, children and stepchildren
Some statutes require that the parties to the order currently live with one another, or lived with one another at one time or have access to the home residence. In other jurisdictions, the residence does not matter or only matters if parents, children or other relatives are the subject of the order.
Violating the Terms of a Protective Order
It is very important to follow all of the requirements of a protective order. Violating the terms in any way is a violation of the law and can result in criminal penalties, including jail time. If someone crosses state lines and violates a valid protection order, he or she also may be subject to federal penalties in addition to state penalties.
Speak to a Lawyer
The terms of a protective order need to be taken seriously. For more information on protective orders, contact The Law Offices of Michael E. Ziton, P.C. & Associates in Phoenix, Arizona, to schedule a consultation with an attorney experienced in this area of the law.
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