Domestic Violence Lawyers
Representing Clients in Cases Involving Domestic Violence Allegations
Domestic violence is a frightening and often dangerous occurrence, and many victims do not know where to turn for help. Whether it happens during the divorce process or not, you can trust the Phoenix domestic violence attorneys at DeShon Laraye Pullen PLC. We regularly help domestic violence victims obtain necessary legal protections, as well as address any implications violence may have on a pending or future divorce. Contact us right away if you need help.
Domestic Violence and Protective Orders in Arizona
Each state has its own laws regarding what constitutes domestic violence and who may be eligible for a protective order against an abuser. In Arizona, a specific relationship must exist between the parties involved for threats or assault to count as domestic violence. To meet the relationship requirement for a domestic violence protective order, your relationship to the abuser must be one of the following:
- Spouse or former spouse
- Current or former romantic or sexual partner
- Current or former cohabitant
- Co-parent (including current pregnancies)
- Relative by blood or marriage, including a parent, grandparent, sibling, child, grandchild, step-family member, or in-law
- You are a blood relative of someone who is or used to be in a relationship or cohabitant of the abuser (for instance, your mother’s ex-spouse or cohabitant)
If the relationship qualifies under the law, you must then demonstrate the abuser engaged in one or more of the following types of conduct:
- Threatening conduct or words
- Physical assault
- Displaying or discharging a weapon
- Imprisonment or kidnapping
- Acts of intimidation
- Harassment, whether in-person or via phone or electronic messages
- Watching you or taking images or recordings without consent
- Distributing inappropriate images of you or your child to others
- Endangerment or you or your child
- Preventing you from calling authorities for help in an emergency
- Criminal trespass
- Negligent manslaughter or homicide
- Other forms of abuse to you, your child, or an animal
Many different acts can constitute domestic abuse and allow you to obtain legal protection. You should discuss the specific situation of what happened with an attorney who can advise you of your options.
Obtaining a Protective Order
To request an order of protection for domestic violence in Phoenix, you should go to the appropriate courthouse to fill out the necessary paperwork. Our team can provide guidance during this process. If the violence occurs when the courts are closed, you should not hesitate to call the police, who can assist you in getting an emergency order from the courts after-hours.
When you petition the court for an order of protection, you are the “plaintiff” and the abusive party will be the “defendant.” You want to be open and honest with both the court and your attorney regarding the specific incidents and acts of violence. The more detailed you get, the more you can demonstrate exactly why you need protection. This includes the exact violent acts, threats, injuries that you suffered, and whether the abuser possesses or can access any firearms or weapons.
If the court believes that there is an immediate threat of harm, it can issue an emergency order without the abuser being able to give their side of the story. However, this is only temporary, and the court will schedule a hearing if you want a permanent order. The defendant will have the opportunity to appear at the hearing with an attorney and fight against the protective order. It is critical that you have quality legal representation at this hearing and during this process.
Once you receive an order, it can have many provisions for your protection, including:
- The abuser cannot contact you or come within a certain distance
- The abuser must leave a shared home
- You may receive temporary sole custody of shared children
- The abuser cannot possess firearms
There can be many additional provisions depending on your circumstances, and our lawyers can ensure the terms of your order provide sufficient protection for you and your children.
Defending Against an Order of Protection
In some cases, someone may falsely accuse you of domestic violence and try to obtain an unnecessary order of protection. There are many reasons for false accusations, including trying to get revenge or trying to get the upper hand in divorce or custody cases. In this situation, you need the right lawyer helping to defend against a wrongful order of protection. Having an order against you can affect your life in many ways, so you want the right representation at the hearing to convince the court that the allegations are false.
Possible Implications of Domestic Violence on Divorce
In many situations, domestic violence leads to a divorce filing or may occur while a divorce is pending. It is important to address the matter right from the start of your divorce case when possible. Having a violent spouse can affect a divorce in many ways, including:
- Whether you cite “fault” for the divorce
- Whether you seek sole custody of your children or supervised visitation with the abuser to prevent them harm
- Whether the abuser is able to receive spousal support
Sometimes, the presence of violence can simply make the entire divorce process more tense and adversarial. You should never allow your spouse to threaten you into a divorce agreement that is unfair. Instead, you should have a legal team you can trust to stand up for your best interests no matter how complex the divorce process becomes.
Learn How Our Phoenix Domestic Violence Attorneys Can Stand up for You
Many people are too afraid to report domestic violence or seek an order of protection. However, seeking help can protect you from harm or threats, as well as ensure that we properly address the issue of domestic violence during a divorce.
At the law office of DeShon Laraye Pullen PLC, our Phoenix domestic violence attorneys help clients who experienced domestic violence or who face false accusations. We can help you through the legal process of an order of protection, as well as an accompanying divorce. All consultations are completely confidential, and you should never feel ashamed to discuss what happened to you. Call (480) 645-9077 or contact us online today.