The Behan Law Group, P.L.L.C.


1-877-MISS-DUI / 1-877-647-7384

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945 N. Stone Ave, Tucson, AZ 85705

Tucson Domestic Violence Defense Lawyers

Santa Cruz County Domestic Violence Defense Lawyers

Attorneys Defending Clients Accused of Violating an of Order of Protection in Pima County

Heated arguments often take place between loved ones. When you live in the same house as another person or have developed an intimate relationship, it can be all too easy to let annoyances and past hurts fuel your anger during a disagreement. This can lead to arguments that get loud and a bit out of hand. Unfortunately, from the outside looking in, these types of heated quarrels can look like more than what they are, leading to accusations of domestic violence.

If you have been accused of assaulting, injuring, or disturbing the peace of a family member or romantic partner, you need to reach out to an experienced defense attorney as soon as possible. The criminal defense lawyers at The Behan Law Group, P.L.L.C. can help you address domestic violence charges or orders of protection that have been filed against you and pursue the best possible outcome in your situation. Call our office today at 520-220-5047.

Arizona Domestic Violence Law

We are prepared to defend you against all manner of domestic violence charges, including:

  • Domestic violence: Arizona Criminal Code §13-3601 defines domestic violence as a dangerous or violent act, or threat of violence, against a spouse, former spouse, the other parent of your child, a woman pregnant with your child, a current or previous romantic or sexual partner, parent, grandparent, child or step-child, grandchild, sibling, any other person related by blood or marriage, and any person living in the same household. Domestic violence can be a misdemeanor or felony offense.
  • Aggravated domestic violence: You can be charged with aggravated domestic violence if you are accused of a third or subsequent domestic violence offense within an 84-month period. This is a Class 5 felony, punishable by nine months to two years in prison. If you had two previous domestic violence convictions, you will not be eligible for probation, commutation, or suspension of your sentence until you have serviced at least four months in jail. If you had three previous convictions, you must serve at least eight months in jail.

Understanding Domestic Violence

Domestic violence is often an assault crime. However, it is essential to remember that assault in Arizona does not have to constitute a physical contact with a resulting injury. This offense can also include threats of violence that make another person fear imminent bodily harm. This means domestic violence can be physical, but it can also consist of verbal and psychological abuse.

Additionally, domestic violence can involve much more than assault under §13-3601. There are dozens of different offenses that can constitute domestic violence, including threatening, stalking, harassment criminal trespass, robbery, elder abuse, and homicide.

Potential Punishments for Domestic Violence

The charges and punishments for domestic violence depend on the specific offense allegedly committed, criminal history, and any other aggravating factors. These types of offenses are typically high level, Class 1 misdemeanors or lower level, Class 5 or 6 felonies.

However, because of the nature of the offense, you can expect additional consequences upon conviction. You will be required to complete domestic violence classes, which can take up to one year to finish.

Domestic Violence FAQs


What Legal Defenses Can Help Against Domestic Violence Charges in Tucson?

Answer: In Tucson, there are several legal defenses if you are facing domestic violence charges. Self-defense is a common one, and you may claim that you were protecting yourself from harm. Another defense might be a lack of evidence, suggesting insufficient proof to support the charges. You could also argue that the incident was an accident or assert that the allegations are false and driven by insidious motives. Always consult a criminal defense lawyer for the best advice.


How Does Arizona Law Define Domestic Violence?

Answer: Arizona law, under ARS 13-3601, defines domestic violence as acts of abuse between two individuals who share a specific relationship, like spouses, former partners, roommates, or family members. It covers physical assault, threats, harassment, and stalking, among other behaviors. The law aims to protect people from various forms of abusive conduct within these intimate and familial relationships, ensuring their safety and well-being.


What Are the Consequences of a Domestic Violence Conviction in Arizona?

Answer: Legally, you may face jail time, fines, and mandatory participation in counseling or anger management programs. A conviction often leads to a criminal record, which can affect employment opportunities, housing options, and even child custody arrangements. Additionally, your right to own or possess a firearm may be revoked. Socially speaking, relationships with friends and family may suffer due to the intense stigma attached to a domestic violence conviction. It is important to seek legal advice to understand the full impact and explore defenses against these serious charges.


Can Domestic Violence Charges Be Challenged in Tucson?

Answer: Yes, domestic violence charges can be challenged in Tucson. Legal defenses include self-defense, lack of evidence, false allegations, or the incident being an accident. Your attorney will scrutinize the evidence, interview any witnesses, and develop a strong defense strategy tailored to your situation. Seeking legal advice early can significantly impact the outcome of your case, potentially leading to reduced charges or even a dismissal.


What Steps Should I Take if Accused of Domestic Violence in Santa Cruz County?

Answer: If you are accused of domestic violence, you should immediately contact an attorney. Even though you have not been charged yet, and the claims against you are only accusations, criminal charges can come quickly, and you will want to be prepared. You may also want to mentally prepare yourself for being arrested. Discuss your rights with an attorney and understand what you should and should not do if you are arrested.


How Can an Attorney Help With an Order of Protection in Pima County?

Answer: Facing accusations of violating an order of protection in Arizona can be daunting, but an attorney can provide crucial assistance. They can help by thoroughly examining the details of the case, ensuring your rights are upheld, and seeking any evidence that can work in your favor. An attorney can also represent you in court, negotiate on your behalf, and strive to mitigate charges and penalties. Their knowledge is invaluable in navigating this challenging situation effectively.


What Are the Penalties for Aggravated Domestic Violence in Arizona?

Answer: If you are charged with committing domestic violence more than three times in an 84-month period, you may face aggravated domestic violence charges. This office is a Class 5 Felony, and penalties can include a prison sentence between nine months and two years in prison. If you have two previous domestic violence convictions, you will not be eligible for probation, commutation, or suspension until you have served four months in prison. If you have three previous domestic violence convictions, you will need to serve a minimum of eight months in prison.


Are Domestic Violence Offenses in Arizona Always Considered Felonies?

Answer: No. Domestic violence offenses can be charged either as misdemeanors or felonies, depending on the severity of the alleged act and prior convictions. Factors like the specific nature of the crime allegedly committed and any previous history of domestic violence can influence whether the charge is classified as a misdemeanor or upgraded to a felony.


What Constitutes a Domestic Violence Offense Under Arizona law?

Answer: Domestic violence involves a criminal act committed by one family or household member against another. This can include assault, battery, harassment, stalking, threatening, kidnapping, and even emotional abuse or intimidation. The relationship between the involved parties, such as spouses, former spouses, relatives, cohabitants, or those sharing a child, plays a crucial role in determining the classification of an offense.


How to Fight a Domestic Violence Accusation in Tucson?

Answer: Fighting a domestic violence accusation in Tucson begins with hiring an experienced criminal defense attorney. Your attorney will investigate the allegations, gather evidence, and identify inconsistencies in the accuser’s story. They may seek to challenge the credibility of witnesses or argue self-defense if applicable. Staying calm, following legal advice, and avoiding direct contact with the accuser can strengthen your defense.


What Does an Aggravated Domestic Violence Charge Entail in Arizona?

Answer: An aggravated domestic violence charge in Arizona involves more severe circumstances, such as repeated offenses, the presence of a weapon, or serious bodily harm. It is classified as a felony, bringing harsher penalties, including lengthier prison sentences, steeper fines, and mandatory counseling. The legal system takes these charges very seriously, aiming to protect victims and deter future offenses.


How Long Are Domestic Violence Classes in Arizona After a Conviction?

Answer: Completing a domestic violence counseling program in Arizona includes between 28 and 52 sessions. The court decides on the duration based on factors such as the severity of the offense, the offender’s history, and any previous participation in similar programs. Completing these classes is often a mandatory part of probation and aims to prevent future violence.

Contact a Santa Cruz County Criminal Defense Lawyer for Help

If you have been accused of any type of domestic violence or served with papers for a protective order, contact the domestic violence defense lawyers of The Behan Law Group, P.L.L.C. at 520-220-5047. There are numerous ways to defend against domestic violence allegations. We will carefully review your case and build you the strongest defense possible under the law.

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