Domestic Violence Info Center

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Frequently Asked Questions about Domestic Violence

Q: What is domestic violence?

A: Domestic violence is the use of physical, sexual, economic, emotional and/or psychological abuse by an intimate partner or family member to control the actions of another. In most states, domestic violence crimes include behaviors that constitute assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment and other criminal offenses that result in physical injury or death.

Q: Can I be arrested for domestic abuse if the injury is minor?

A: Yes. Minor physical injuries, and even the threat of violence, may result in an arrest in a domestic violence case. However, the severity of the injury may influence the specific charge brought.

Many states' penalties for domestic violence are increasing, with mandatory probation or prison terms becoming more common, even for misdemeanor charges. The stakes are rising for domestic violence crimes, and you must hire an attorney who will vigorously represent you in your fight for your rights and freedom.

Arizona Domestic Violence Defense Lawyers

At the Weingart Law Firm, we have long experience with both criminal defense and difficult domestic relations issues, both in and out of divorce. Domestic violence cases in many ways involve the intersection of criminal law and family law. Contact one of our Phoenix domestic violence defense attorneys for clear and reliable advice that addresses all aspects of your situation.

Domestic violence can be charged as either a misdemeanor or a felony, depending on many factors, such as whether there is a pattern of abusive conduct between the parties, whether the defendant is charged as a repeat offender, or whether the defendant is charged with violating an existing order for protection or order against harassment.

Domestic Violence - An Overview

Domestic violence used to be viewed as a private matter between two individuals, usually a husband and wife. Given the prevalence of domestic violence and the effect it has on the lives of everyone involved, it is no longer seen as a private matter. All 50 states and the federal government have passed laws criminalizing domestic violence and offering civil relief to the victims. If you have questions about domestic violence, contact an experienced attorney in your area. Domestic violence charges are serious and should not be taken lightly.

Domestic Violence Charges and Sentencing

Most domestic violence charges can be charged as either a felony or a misdemeanor. A defendant charged with a felony can serve significant time in prison, whereas a defendant charged with a misdemeanor may serve only a short jail term or be required to pay a fine, attend counseling or be put on probation.

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.

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.

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.

The Arizona criminal defense attorneys of the Weingart Law Firm in Tempe advise and represent clients facing serious charges such as aggravated assault, possession or distribution of methamphetamine or other dangerous drugs, domestic violence or stalking, extreme DUI, or identity theft. Our criminal trial lawyers serve clients throughout Arizona, including Maricopa County, Pinal County, Phoenix, Avondale, Apache Junction, Glendale, Mesa, Peoria, Queen Creek, Scottsdale, Surprise, Casa Grande, Gilbert, Chandler, and other East Valley communities.

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The information contained on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice. The information on this website or subsequent communications does not constitute an attorney-client relationship.