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Written by Canterbury Law Group

How to Prove Innocence in Domestic Violence

How to Prove Innocence in Domestic Violence

It can be immensely frustrating to go through the legal process when you have been accused of acts of domestic violence you did not commit. From restraining orders to court dates, not to mention the possibilities of arrest or even jail time and the fees from attorneys can add great stress to what are already difficult circumstances. Add not being able to have contact with your child or children and the prospect of facing consequences such as a long stretch of incarceration and it can break almost anyone.

Is there a way a prosecutor will decide to drop charges of domestic violence? Normally this will only happen in two circumstances, read on to learn more.

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Proving Innocence

When you honestly did nothing wrong it is highly likely the charges of domestic violence against you will be dropped. There is an obligation of ethics binding prosecutors to ensure not a conviction but to make sure justice is done in each and every case they handle. When it is believed by the prosecutor that a crime has not been committed, or the evidence is insufficient to support the likelihood of a conviction, they are obligated to dismiss the case for not meeting with agreed and accepted standards of ethics.

Convincing law enforcement of your innocence can be multi-faceted if you want to be successful. Electronic evidence (for example, a CCTV camera) may show you were not even at the location at the time the incident was alleged to have taken place. Accusations of violence may not be backed up by the available physical evidence, however, although your instinct may be to protest as much as you can to law enforcement of your innocence, be very cautious about whatever you say or information you share with law enforcement.

Can The Victim Drop the Charges?

People sometimes falsely think charges of domestic violence are initially filed and then dropped by the person alleging to be the victim of said acts. This is not the case. They are in fact filed by prosecutors with the county or state. In circumstances where an alleged victim decides not to testify or will only testify under protest when it comes to trial, it may be there is insufficient evidence to warrant a prosecution – this is up to the prosecutor to determine. Many jurors go to great lengths to ensure a verdict of guilty is not passed in situations when the alleged victim has made their own decision that the case should not even be handled in a court.

Proving Innocence with a Domestic Violence Attorney

Without question, it is crucially important to seek the services of an experienced criminal defense attorney if you want your charges of domestic violence to be correctly assessed and argue on your behalf that they should be dropped.

Source: Coble, Christopher. “How to Get a Domestic Violence Charge Dismissed.” Findlaw, 21 Mar. 2019, https://blogs.findlaw.com/blotter/2017/04/how-to-get-a-domestic-violence-charge-dismissed.html.

Contact Our Domestic Violence Attorneys In Scottsdale, AZ

(480) 744-7711
INITIAL CONSULTATION

Our domestic violence attorneys in Scottsdale can help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from them, and help you navigate the legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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What Should I Do If I Am Falsely Accused Of Domestic Violence?

What Should I Do If I Am Falsely Accused Of Domestic Violence

Charges of domestic violence are taken very seriously by courts. The truth whether you are innocent or guilty is the mere allegation of such acts can have a stigma that impact your life forever.

Undoubtedly millions of people are the victims of domestic violence every year. Sadly, a small number create and fabricate stories for reasons that are often revenge related. Besides being incredibly hurtful to the accused, they also hurt the credibility of genuine domestic violence victims. If you face accusations of committing acts of domestic violence or have even been charged with acts of domestic violence, it is crucial to contact a lawyer well versed in domestic violence law without delay – even when you have done nothing untoward.

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What’s Domestic Violence?

A common belief is an act of physicality towards a girlfriend, boyfriend, husband, wife or partner defines domestic violence. This is not true. The participants in a case or cases of domestic violence do not have to be in a current or even former romantic relationship with one another for domestic violence laws to apply to their situation. For that matter, physical action is not the sole cause of acts of domestic violence.

Under Arizona law, domestic violence is defined thus: “Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”

That definition is expanded so people who are related by marriage or blood are included as are other people who live in the same housing unit. The definition includes threatening physical acts even if they are not performed as well as physical acts that are performed. These charges can also be expanded to include the following:

  • Throwing things at the victim (the victim does not have to be struck by them)
  • Stalking
  • Abuse that is sexual in nature
  • Psychological and mental abuse
  • Personal property destruction
  • Cyberbullying

In certain circumstances, depending on the seriousness of the allegations, whether weapons were threatened with use or were used as well as the age of the individuals concerned in the case, charges for domestic violence can either be felonies or misdemeanors and the punishments will range according to those categorizations.

Understanding Charges of Domestic Violence

There are many and varied reasons why individuals may be accused of domestic violence. From disputes arising during the process of a divorce, from the stresses of child custody processes and hearings as well as the stress that comes from cohabiting in whatever relationship circumstances under one roof. In situations where the alleged victim is looking to gain marital assets during the divorce process or looking for custody of the children that have resulted from the marriage – they may be under the impression that if the other party is facing allegations or charges of acts of domestic violence, they will gain the upper-hand in the litigation.

Nonetheless, it is a fact a percentage of victims of domestic violence later decide not to pursue the charges they originally made or in some cases, they recant their testimony. Sadly, it is often a case of too little, too late. The decision to pursue charges of domestic violence lies entirely with the local government prosecutor. Domestic violence allegations are rightly taken very seriously and if the prosecutor decides to pursue charges the skills of a domestic violence attorney are vital in advocating for you.

Domestic Violence Lawyers Can Defend You

Facing wrongful accusations can be a shattering experience for everyone and can really damage your life and your future. The domestic violence attorneys at The Canterbury law Group can show help you to navigate the court system and reach the best possible result.

Source: Bajaj, Vikas. “What to Do When You Have Been Falsely Accused of Domestic Violence Charges.” Law Office of Vikas Bajaj, APC, 11 Apr. 2019, https://www.bajajdefense.com/what-to-do-when-you-have-been-falsely-accused-of-domestic-violence-charges/.

Contact Our Domestic Violence Attorneys In Scottsdale, AZ

(480) 744-7711
INITIAL CONSULTATION

Our domestic violence attorneys in Scottsdale can help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from DV allegations levelled against you, and help you resolve legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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How to Explain Child Custody to a Child

In Arizona family courts, judges often do everything in their power to keep divorce proceedings from negatively impacting children’s emotional well-being, especially when there are contentious custody proceedings taking place. Most judges discourage parents from even speaking to the children about custody disputes. However, at some point parents getting a divorce will eventually have to explain the divorce and custody arrangements to the children. It will have to be done regardless of the type of custody arrangement the court ultimately orders.

Explaining custody to a child can be a bit difficult if the child is still quite young. The process may be easier for an older teen, but they are still emotionally vulnerable as well. You can always ask for family Law help in Scottsdale to get pointers in explaining custody arrangements to children. Here are several tips from divorce experts who have navigated these waters before you:

Tell Them the Important Facts of the Custody Arrangement

You don’t need to explain the intricate legalities of joint or sole custody to children. However, you will have to explain terms of the custody arrangement as simply as possible, because it will affect them more profoundly than you. Here are the things you should tell children:

  • With which parents the kids will stay, or how much time they will have to spend at each parent’s house. These courts ordered parenting time allocations are not optional and must be followed by both parents, and the children.
  • The parent who will drop them off and pick up from school.
  • The parent who will handle transportation.
  • Repeatable schedules with each parent.
  • Living arrangements for the summer or annual vacation times (e.g. Spring or Fall Break).

Avoid Distressing Subjects

You don’t have to explain to children why the custody arrangement is the way it is, or why the parents went through a divorce. Do not bad mouth the other parent in front of the children, either. Doing some of these things may even land you in trouble with the court. Do not discuss child support, alimony or other money issues with the children either. If something is not of immediate concern to the wellbeing of the child, avoid the subject.  Money and property and other adult issues should remain discussed between counsel and the parents, not the minor children.

Let Them Know They are Loved

Children of divorced parents may experience a host of negative emotions, including feelings of abandonment or guilt. Some children feel like it is “their fault” that Mom and Dad split up.  It’s important to let the children know that both parents love them even if the parents are now divorced. Don’t leave any room for them to be alarmed about the custody arrangement. Show them that it is in their best interest. If the children have to spend time at two locations, tell them it is so because both parents want to take part in both their lives. Explain custody in a positive note so children are not unnecessarily distressed and worried with the new realities post-Decree.

Let them Feel Comfortable with Lawyers and Mediators

Children in the middle of contentious divorces may have to put up with strangers whom they keep encountering like lawyers and court-appointed advisors or interviewers. It’s important that children become familiar with these people and this process and not feel ambushed.  If explaining custody is too much for you, you can ask your lawyer to gently break the news to them. The lawyer will be familiar with what information is allowed by the court and what is not, to tell directly to the children.

It’s never easy to discuss divorce or custody with children. Hopefully, the above suggestions will help.  Regardless, you should rely on your chosen legal professional to help you navigate these critical and choppy waters.

Child Custody & Parenting Time, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Rate, Divorced Parents, domestic violence
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Scottsdale Domestic Violence: Civil Law and Criminal Law

The attorneys at Canterbury Law Group help clients obtain orders of protection in Scottsdale. We also assist in determining if your domestic violence case is a civil or criminal case.
In domestic violence situations, there may be both civil and criminal matters occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court, the reason for the case, and the possible penalties.

  • Civil Law – In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, s/he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. A Scottsdale order of protection is requested in civil court. Once granted, they usually are valid for a period of one year and they sometimes can be renewed by the person originally obtained the order of protection.
  • Criminal Law – In stark contrast, the criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. As such, only the government, via the local prosecutor or grand jury can make the final decision to “bring charges” against the bad actor who has engaged in bad acts.
    A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and can even issue a subpoena (a court order) to force you to testify at the trial live under oath.

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence either when allegations are brought against you, or where you bring them against another. Contact our Scottsdale lawyers today to schedule your consultation. www.clgaz.com 480-744-7711.

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Campus Dating Violence and Orders of Protection

During the school season, many college co-eds, and parents of college-age kids, have questions about dating violence on campus. Dating violence is emotional, psychological, physical, sexual or financial abuse (or, sometimes, a combination of these) perpetrated over a sustained period of time in order to gain and/or maintain power and control in a dating relationship.

In an effort to negate dating violence, schools should maintain a robust dating violence, domestic violence, stalking and sexual assault prevention program for all incoming students and staff, with continuing education for older students throughout their time at the university.

The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection against further abuse, whether on campus or off. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some quick facts:

  • A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.
  • An order of protection is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record. An order of protection can prohibit third parties from constantly texting you or emailing you without consent.
  • If you are a victim of violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do, including having no contact in person or by phone, at home, work, or almost anywhere you ask the court to put in the order.

The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-744-7711

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Johnny Depp Hearings Shine Spotlight on Abuse

The legal problems between Johnny Depp and Amber Heard over her claims of spousal abuse have been making international headlines. The two sides are due to face off as Heard pursues an extension of a domestic violence restraining order that was granted last month. The court set a status conference for August and the judge extended the temporary restraining order that bars Depp from going within 100 yards of Heard.

This celebrity case has raised the importance of protection against domestic violence. At Canterbury Law Group, we know first hand that there are many misconceptions on abuse. If you or someone you know is experiencing domestic violence, here are some answers to common questions:

1. What is Domestic Violence? When you are in a relationship with someone who uses threats, harasses, molests, stalks, attacks, batters or strikes you, your family or your children, that person is committing Domestic Violence. If you are experiencing Domestic Violence, you have a legal right to seek relief from the courts by procuring a protective order.

In the State of Arizona, Domestic Violence includes a variety of abusive acts. You must be able to show the court that the person from whom you want protection has committed or may commit an act of Domestic Violence. You do not have to be physically injured or hurt to be a victim of Domestic Violence. Domestic violence occurs if the other person has done or attempts to:

  • endanger you threaten, intimidate, or harass you interfere with the custody of your children;
  • trespass on or damage your property;
  • restrain you, kidnap, or hold you prisoner;
  • assault you with his/her body or with a weapon;
  • display a deadly weapon or threaten you with a deadly weapon;
  • surreptitiously (without your knowledge) photograph, videotape, film or record you.

2. What types of protective orders are available in Arizona? A Protective Order is a document obtained from a court, to order the abusive person not to contact you and to prevent future abusive behavior. In Arizona there are five types of protective orders:

  • Order of Protection – An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home.
  • Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.”
  • Release Order – In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons.
  • Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who were not dating.
  • Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, against any person who enters the employer’s property and any person who is performing official work duties.

3. How and where can I get an Order of Protection or an Injunction Against Harassment? You may file a petition for an Order of Protection or Injunction Against Harassment in any superior, municipal or justice court regardless of where you live in Arizona. When you enter the court, go to the Clerk of the Court’s counter, Self Service Center, or protection order window and tell the clerk you are requesting an Order of Protection or an Injunction Against Harassment. The clerk will give you the proper Petition forms. Plan on being at the court house for several hours.

If you’re experiencing domestic violence, hiring a family law attorney can be critical to your future. Call the Scottsdale layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

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Order of Protection Used to Stop Domestic Violence

The Scottsdale attorneys at Canterbury Law Group help survivors of domestic violence utilize legal protection options to defend themselves from further abuse, including obtaining an order of protection. An order of protection is long term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can also renew the order of protection if he or she still feels threatened by his or her abuser.

An order of protection may include many different provisions, including:

  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Peaceful Contact Provision – Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child
  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Stay Away Provision – Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet
  • Move Out Provision – Requiring the abuser to move out of a home shared with the victim
  • Firearms Provision – Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm
  • Counseling Provision – Ordering the abuser to attend counseling, such as batterer’s intervention or anger management

Order of protections may also include children, other family members, roommates or current romantic partners of the victim. This means the same no contact and stay away rules apply to any other listed individual, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims.

If you’re in need of protection, call us today to start the process of filing for an order or protection. Or if you have been recently served with an order of protection, and you feel wrongfully accused, you need to speak to a lawyer immediately. Delaying your response to an order of protection only makes it more challenging to have it quashed by a judge in court later. 480—240-0040. www.canterburylawgroup.com

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