Domestic Violence: What Kind of Relationship is “Domestic”?

The term “domestic violence” has gotten quite a bit of hype in recent years. Several high profile abuse cases have turned the public attention to these types of crimes. Despite all of the press, however, it’s important to be mindful of the fact that domestic violence is a serious criminal charge with very real criminal and civil consequences. As such, it’s important to understand what domestic violence actually entails. Today’s post will explore what is required under Arizona law for an act of violence to be deemed “domestic,” as well as the potential ramifications.

Domestic Violence Defined

Different states may have slightly different interpretations of what domestic violence actually is. Here in the state of Arizona, the definition of domestic violence is laid out in Arizona Revised Statutes 13-3601. Here, the law determines that domestic violence is any type of criminal act involving violence (or the threat of violence) against a family member, a significant other, or, in certain situations, an acquaintance. Schill Law Group has worked with many clients who were unfortunately dragged into domestic violence cases because of the nature of their relationships with the people they know. The following list outlines the scenarios in which domestic violence charges can be applied:

• The parties involved are married, were formally married, reside in the same household currently, or formerly resided in the same household.
• The accused and the alleged victim have a mutual child.
• The alleged victim is carrying the child of the accused.
• The alleged victim and the accused are related either by blood or by law.
• The accused resides in the same home as a minor victim and is either related by blood, by law, or by a prior spouse.
• The parties involved are involved either romantically or sexually.

In addition to this list, there are other circumstances which may move a court to treat the case as domestic violence. Here, a court will take certain factors into consideration, such as:

• The nature of the relationship between both parties.
• The length of the relationship between the victim and the accused.
• The frequency with which the victim and the accused interacted.
• Whether or not the relationship is ongoing or has been terminated. If terminated, the court will consider how much time has passed since the termination.

Because the breadth of the definition of domestic violence is so extensive, these cases can quickly become quite complicated. Domestic violence is a serious charge, and those who have been accused can find themselves in situations where they will face severe penalties because of a technicality. Consequently, it’s of the utmost importance that you seek legal representation immediately if you are ever accused of domestic violence.

Domestic Violence in Arizona: Felony vs Misdemeanor

In Arizona, a domestic violence case may be treated as a misdemeanor or felony, depending on the circumstances surrounding the offense. ARS 13-3601 shows that domestic violence can include 29 different types of offenses, ranging from negligent homicide to adult abuse. While a domestic offense involving related endangerment could result in a class 1 misdemeanor, for instance, a domestic violence case involving related disorderly conduct with a weapon could be classed as a felony. Once again, it’s very important that you have a skilled attorney on your team who understands the different types of charges involved with domestic violence cases and who can fight on your behalf.

Throughout the years, the Schill Law Group has worked hard to defend countless Arizonans who have been accused of domestic violence offenses. We understand the ins and outs of Arizona law and have what it takes to build the best case for you. Please give us a call right away for a free case evaluation and to start building your defense today.

Falsely Accused of Domestic Violence? Here’s What to Do

A domestic violence charge is not to be taken lightly. Whether the case is being treated as a misdemeanor or a felony offense, those accused of domestic violence could face serious consequences, including jail times, hefty fines, domestic violence classes, community service, a loss of certain rights and privileges, and a criminal record. Being falsely accused of domestic violence, though, can be a living nightmare. If you’ve been accused of domestic violence and you are innocent of the claims, the time to act is now.

Why Are People Falsely Accused of Domestic Violence?

Although it’s unfortunate, it’s not that uncommon for Arizona residents to be forced to defend themselves against false accusations of domestic violence. There are a number of reasons why an accuser might take on the victim role and falsely accuse someone. Throughout the years, the attorneys at Schill Law Group have seen it all. One of the most common reasons why this happens is that an ex-spouse or partner is using these malicious claims as an attempt to gain the upper hand in a divorce and/or child custody case. The ex could be hoping to gain more financially from a divorce settlement or to gain sole custody of your child in an act of vengeance. In other instances, a jealous or vengeful ex might be using domestic violence claims as a means of “getting even” after a nasty breakup. Also, any family members or individuals living with you could attempt to use a false domestic violence claim as a means of getting back at you for a quarrel, or as a means of obtaining financial gains.

What Types of False Domestic Violence Allegations May Be Made?

In addition to there being a number of reasons why an individual might be motivated to make false claims of domestic abuse, there are many ways in which a “victim” may present their case. This is important because, depending on what the accuser is insinuating, you as the accused could be charged with either a misdemeanor or felony. While the threat of violence without the presence of a weapon could result in a misdemeanor case, for instance, should your accuser state that you threatened their life with a weapon, you could be hit with a felony charge. If it is insinuated that sexual violence occurred, or that violence against a child took place, you could face harsher penalties than in other scenarios.

How Can a Defense Be Built for a False Domestic Violence Case?

Being falsely accused of a crime can feel pretty lonely and very hopeless. You may feel like no one believes that you are innocent and that there’s no way to prove that your accuser is being dishonest. This is why it’s so important to immediately secure the help of an experienced criminal defense attorney like the team at Schill Law Group. We are able to take a look at your case thoroughly and objectively to determine the underlying motives behind your accuser’s false claims of domestic violence. Understanding these motives and looking at the accusations from all angles can help us prove to a jury that your accuser is not being truthful, and why they are behaving in this manner. By painting this type of picture for a judge or jury, we are able to gain the sympathy and trust of your peers and make the best case in your defense.

If you or someone you love has been falsely accused of domestic violence, you should never wait to take legal action. The sooner you can secure legal representation, the better your chances of fighting the case and protecting yourself. Contact the team at Schill Law Group to get started today.