Protecting Your Rights In All Types Of Domestic Violence Allegations
Domestic Violence Defense Attorney in Yuma, AZ
Protecting Your Rights In All Types Of Domestic Violence Allegations
A domestic violence arrest can turn your life upside down in an instant. You may be removed from your home, barred from seeing your children and facing criminal charges that could result in jail time and a permanent record.
Attorney Joshua Cordova understands the unique challenges of domestic violence cases in Yuma County. He provides aggressive defense representation for clients facing DV charges and protective orders, fighting to protect your rights, your freedom and your relationship with your family.
Call (928) 783-0112 now for immediate legal help. We're available 24/7 for emergency arrests and protective order violations.
In Arizona, "domestic violence" isn't a separate criminal charge. Instead, it's a designation that can be added to many different offenses when they occur between people in certain relationships. We defend clients facing all types of domestic violence allegations:
No matter what domestic violence charge you're facing, we will fight to protect your rights and defend you against these serious allegations.
Under Arizona law, a crime receives a "domestic violence" designation when it occurs between people in certain relationships. The domestic violence designation applies when the alleged victim is:
The domestic violence designation matters because it adds serious consequences even to minor charges. A simple disorderly conduct charge that would normally be a misdemeanor becomes much more serious when it carries a DV designation.
Arizona law requires police to make an arrest when they respond to a domestic violence call and have probable cause to believe a crime occurred. This means someone is going to jail even if the alleged victim doesn't want to press charges or if the situation was minor. Once police arrive at a domestic violence call, they are required to arrest someone.
This mandatory arrest policy often leads to situations where people are arrested for minor arguments or situations where both parties were equally involved in the altercation.
Domestic violence convictions carry severe consequences that go far beyond jail time and fines. A DV conviction can affect your rights, your family and your future in ways that other criminal convictions do not.
Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms. This is a lifetime ban that applies even to misdemeanor convictions. If you own guns for work (law enforcement, military, security) or recreation, a DV conviction will end your ability to possess firearms.
After a DV arrest, the alleged victim can obtain an order of protection (restraining order) that forces you to stay away from your home, your children and the alleged victim. These orders can last for one year or longer and can be extended. Violating a protective order is a separate crime that can result in additional jail time.
A DV conviction can be used against you in family court proceedings. You may lose custody of your children or face restricted visitation. Even if the alleged victim is your spouse or partner and wants you to see the children, a DV conviction gives family courts a reason to limit your parental rights.
The domestic violence designation stays on your criminal record and shows up on background checks. Employers, landlords and licensing boards will see that you have a domestic violence conviction, which can affect your ability to find work or housing.
If you're convicted of a DV offense, any future domestic violence charge within seven years will be charged as a felony, regardless of how minor the new allegation is. A second DV conviction can result in mandatory jail time even for offenses that would normally be low-level misdemeanors.
For non-citizens, a domestic violence conviction can result in deportation, denial of citizenship or inadmissibility to the United States. Even misdemeanor DV convictions are considered crimes of moral turpitude that carry immigration consequences.
Domestic violence cases are often based on conflicting stories, emotions and situations where both parties share blame. These cases can be successfully defended with the right legal strategy. Common defenses to DV charges include:
You have the right to defend yourself from physical harm, even in a domestic relationship. If the alleged victim was the aggressor and you were protecting yourself, we can present evidence of self-defense and challenge the prosecution's version of events.
False DV allegations are unfortunately common, especially in situations involving custody disputes, divorce or relationship conflicts. People fabricate domestic violence claims to gain advantage in family court, to remove a partner from the home, or out of anger or revenge. We thoroughly investigate the alleged victim's motives and expose false accusations.
Many domestic violence cases rely solely on the alleged victim's statement with no physical evidence, no witnesses and no injuries. Without corroborating evidence, the prosecution may not be able to prove their case beyond a reasonable doubt. We challenge weak cases and hold prosecutors to their burden of proof.
In some domestic violence situations, both parties were involved in the altercation. Arizona's mandatory arrest policy means police often arrest one person even when both parties share responsibility. If applicable, we can present evidence that the situation was mutual combat rather than one-sided assault.
Alleged victims sometimes exaggerate the extent of injuries or claim injuries that didn't occur during the alleged incident. We can obtain medical records, photographs and expert testimony to show that injuries were minor, pre-existing or not caused by the alleged assault.
If police violated your rights during the investigation, arrest or questioning, we can file motions to suppress evidence or dismiss charges. Illegal searches, coerced statements and violations of your right to remain silent can all be grounds for challenging the case.
After a domestic violence arrest or allegation, the alleged victim can file for an order of protection (also called a restraining order) that prohibits you from contacting them or coming near them. These orders can force you out of your home and away from your children, even if you haven't been convicted of any crime.
A judge can issue an emergency protective order immediately after a DV arrest without giving you a chance to defend yourself. These emergency orders typically last until a full hearing can be scheduled.
You have the right to a hearing to contest a protective order. At the hearing, the alleged victim must prove by a preponderance of the evidence (more likely than not) that you committed or threatened an act of domestic violence. You can present evidence, cross-examine witnesses, and challenge the allegations.
Mr. Cordova will prepare for the protective order hearing, gather evidence that contradicts the allegations, and fight to prevent the order from being issued or to minimize its restrictions.
If a protective order is issued against you, violating it is a separate crime. Even a single text message or phone call to the protected person can result in arrest and additional criminal charges. Violating a protective order can be charged as a misdemeanor or felony depending on the circumstances.
If you're accused of violating a protective order, call immediately. These charges are taken very seriously and require immediate legal representation.
Domestic violence cases in Yuma County are handled differently than other criminal cases. Prosecutors often pursue these cases aggressively even when the alleged victim doesn't want to press charges. Judges take DV allegations seriously and protective orders are often granted with minimal evidence.
As a Yuma attorney who practices in local courts every day, Mr. Cordova understands how DV cases are prosecuted in Yuma County. He knows the judges, prosecutors and court procedures. He has built relationships with prosecutors that allow him to negotiate effectively for reduced charges or dismissals when appropriate. He knows when to fight and when to negotiate. Learn more about Mr. Cordova's experience defending clients in Yuma County.
He also understands the impact these charges have on Yuma families. Domestic violence allegations can destroy relationships, separate you from your children, and damage your reputation in the community. Mr. Cordova is committed to protecting not just your legal rights but your family and your future. If you're ready to discuss your case, contact our office today.
If you've been arrested for domestic violence in Yuma County, take these steps immediately:
Don't face domestic violence charges alone. Call now for immediate legal help.
Available 24/7 | Hablamos Español | Serving Yuma County