In these cases, a Phoenix domestic violence
attorney is usually
required since domestic violence law in Arizona can be quite complex
and very specialized.
Domestic violence is a major problem across the country. If you or
someone you know is affected, you are not alone:
Every year
nearly 2 million women in America are beaten by their partners. Less
than 1 out of 10 will make a report.
Almost 1 out of 25 elderly persons is abused each
year.
For women between the ages of 15 and 44, domestic
violence is a leading source of injury.
Men
are also victims of domestic violence. Both parties are able to seek
Orders of Protection and lawyers can assist with this process.
The
process, from initially reporting all the way to sentencing and
appeals, is complex. Again, this is why it is important to find a
Phoenix domestic violence attorney to represent you.
Typically the process in Arizona is as follows:
Initial Investigation
Conducted by a law enforcement officer at the scene.
Follow-Up Investigation
The case may be referred to a more specialized detective.
Formal Charging Procedure
Investigating officer presents their evidence to the prosecutor. The
prosecutor may file a criminal complaint.
Arrest
If
the prosecutor filed a criminal complaint, the defendant is arrested
and brought before a judge or commissioner for an initial appearance.
Preliminary Hearings
After
the defendant’s arrest, a hearing is held to determine if there is
probable cause, or sufficient evidence, to warrant a trial.
Arraignment
The initial appearance in superior court.
Pretrial Actions
The prosecutor provides the defense attorney copies of the case file.
Plea Agreements
Before
trail, the prosecuting attorney may possibly discuss a negotiated
settlement. If no negotiation is reached, the case must go to trial.
The Jury Selection
This
phase can last up to several days as the jury is being selected. In the
end, if the jury returns a “not guilty” verdict, the state has failed
to prove its case with sufficient evidence. The defendant is released.
Sentencing
If
the defendant is found guilty, or pleads guilty, a sentence hearing may
be scheduled. The defendant could be sentenced to prison or jail time.
Probation and Parole
The defendant will be under restrictions of conduct and with limited
travel ability.
Appeals
If a defendant believes that he has been wrongfully punished, he can
file an appeal. Not every appeal is successful.
You
can increase the chances of a successful outcome by hiring an
experienced Phoenix domestic violence attorney. Because domestic
violence law is complex, it requires a great deal of expertise. For
this reason alone, it makes sense to secure the services of the best
Phoenix domestic violence attorney possible.
