A person who is arrested pursuant to subsection B of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute.
Will I Be Prevented From Contacting My Spouse Or Children In a Domestic Violence Case?
Any order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.
Is An Order Of Protection Automatically Placed In A Domestic Violence Case?
OOP falls under ARS 13-3602 and is effective against a defendant once the defendant is served with a copy of the order and the petition.
What Determines Whether A Domestic Violence Charge Is Treated As A Felony Or a Misdemeanor?
Aggravated DV – Felony
If a person has committed a third or subsequent violation of a DV offense or has been convicted of a violation of a DV offense and has been previously been convicted of any combination of convictions of a DV offense or act in another state within the past 7 years.
If a person has 2 prior DV convictions within the last 7 years and is subsequently convicted of a third DV offense, the person is not eligible for probation and must serve a minimum of 4 months in jail.
If a person is charged with a misdemeanor crime such as criminal damage or assault and the victim meets the definition under 13-3601 such as a girlfriend/boyfriend, spouse, relative, etc., more than likely, the charge will be a misdemeanor.
What Are The Penalties For A Domestic Violence Conviction In Arizona?
For Misdemeanor conviction, Must complete a DV offender treatment program and pay fines.
What Part Does Evidence And Witnesses Play In A Domestic Violence Case?
Evidence and witnesses are a crucial part of any criminal case. There must be evidence that supports the criminal charge. For example, if a person is charged with Domestic Violence Criminal Damage, there must be evidence of damage to the victim’s property, that the person charged is the person who damaged the property and the relationship between the person charged and the victim meets the “relationship” definition in the statute 13-3601.
Likewise, witnesses play a part in the prosecution of the person charged.
Can Prosecution Introduce A Defendant’s Past Instances Of Domestic Violence Incidents?
Yes. Under certain circumstances. If a person has a prior DV conviction within the last seven (7) years, the State can allege that prior to enhancing the sentencing phase of the prosecution.
What Are The Long Term Effects Of Having A Domestic Violence Conviction On Record?
If a person has a DV conviction on their record and is subsequently charged within seven (7) years of the first conviction, the State may use the prior conviction to enhance the sentence of the accused, if convicted. Additionally, if a person has two (2) prior DV convictions within the last seven (7) years and is charged with a third DV crime, it will more than likely be filed as a felony, which will carry more severe consequences.
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