Domestic Violence Reality

A teenager with a history of drug abuse and depression locks himself in the bathroom. Mom and Dad are getting frantic. Dad kicks in the bathroom door and argues with the son. The son physically hits Dad and is getting more and more agitated. Dad hits the son and physically restrains him. Worried Mom calls the police.

The police come and arrest Dad for domestic violence. Mom doesn't want to press charges and says this is all a big mistake. Yet, the Prosecutor serves Dad with a protective order, which prohibits him from returning to the home. The family spends everything they have to keep Dad, the sole bread–winner in the household, out of jail and keep their family together.

When all is said and done, they have lost their house, Dad has lost his job, they are living in an apartment and they cannot afford to get the son the substance abuse treatment and counseling he needs. Is this justice?

Attorneys Christopher Corso and John Rhude: Proven Domestic Violence Defense Lawyers

Domestic violence charges in Arizona are a serious matter and require experienced Arizona domestic violence defense attorneys, according to the Law Office of Corso & Rhude. Arizona's domestic violence laws apply not only to crimes against spouses, but also against partners, former partners, those living together, people who are dating, family members, relatives and the elderly.

Many actions can be designated as domestic violence in Arizona. Assault, disorderly conduct, criminal damage, economic abuse, emotional abuse and violating protective orders can all be designated as domestic violence in Arizona and require experienced domestic violence attorneys.

Domestic violence charges can be filed by the victim or by the courts themselves. In some cases, false charges are filed by angry spouses. Therefore the credibility of the accuser must never be overlooked.

In recent years, domestic violence laws in Arizona have become harsher. Because many battered women won't press charges out of fear, intimidation or misplaced feelings of love, the courts and prosecutors have taken aggressive roles in enforcing new and existing laws.

In many cases, prosecutors will file charges against the alleged abuser and aggressively pursue the case, even where the victim refuses to actively participate in the prosecution.

Christopher Corso and John Rhude of the Law Office of Corso & Rhude are domestic violence defense lawyers and former misdemeanor and felony domestic violence prosecutors.

John M. Rhude, while working at the Maricopa County Attorney's Office in the Family Violence Bureau, handled some of the most complicated and severe felony domestic violence cases in the State of Arizona.

Christopher P. Corso has experience as a prosecutor at the Mesa City Prosecutor's Office, where he specialized in all domestic violence offenses, as well as assisted in drafting the Domestic Violence Manual for the City of Mesa.

What is Domestic Violence?

Arizona Revised Statute 13–3601 defines domestic violence in Arizona by the relationship between the accuser and the defendant and by the type of charge alleged. Arizona's domestic violence laws apply not only to crimes against spouses, but also against partners, former partners, those living together, people who are dating, family members, relatives and the elderly. Physical assault, such as hitting, does NOT need to occur for domestic violence charges to be filed.

In Arizona, many actions can be designated domestic violence, such as:

• Physical violence/Assult: Intentionally or recklessly causing injury or touching with intent to cause injury.
• Disorderly conduct: Disturbing the peace of your neighborhood or disturbing the peace of a person.
• Criminal damage: Damaging something that has any value.
• Violating protective orders: Violating a restraining order or order of protection (contacting, calling, e–mailing, or texting).
• Verbal, mental and emotional abuse: Name calling, put downs, threats, intimidation, isolation.
• Economic abuse: Financial control.

How Does Someone Get Charged With Domestic Violence in Arizona?

A domestic violence arrest in Arizona arises due to various factors including: marital problems, alcohol and/or drug abuse, or anger management issues. The Phoenix domestic violence attorneys at Corso & Rhude can fight your case and provide help finding professional counseling services to help deal with the fundamental issues causing the violence to occur.

Domestic violence charges can be filed by the victim or by the courts themselves. In some domestic violence cases, false charges are filed by angry spouses. Therefore the credibility of the accuser must never be overlooked. In recent years, domestic violence laws in Arizona have become harsher.

Because many battered women won't press charges out of fear, intimidation or misplaced feelings of love, the courts and prosecutors have taken aggressive roles in enforcing new and existing laws. In many cases, prosecutors will file charges against the alleged abuser and aggressively pursue the case, even where the victim refuses to actively participate in the prosecution.

Even if the victim tells the court and prosecutor that they do not want to press charges, the case will not be dismissed – the State will bring the charges. The State doesn't care what the incident was about, it doesn't care if you're trying to reconcile, and it doesn't care if it ruins innocent lives, the State is just looking for a conviction.

If you are charged with domestic violence in Phoenix, it is critical to your case that you get a strong domestic violence defense team working for you as soon as possible.

Consequences of a Domestic Violence Conviction

Once you have been arrested for domestic violence in Arizona, a judge will determine your immediate future. Will you be able to return home? Will there be a bond? Will there be a protective order?

Domestic violence charges are never "standard."

Domestic violence cases in Arizona can be charged as felonies or misdemeanors, depending on the jurisdiction and severity of the crime, and the consequence of a conviction can be very severe. Prior acts of domestic violence may also factor into the Prosecutor's determination to file a case as a felony. Convictions can result in limitations in child visitation rights, loss of gun privileges, mandatory counseling, fines and/or restitution, probation, jail or even prison. In many cases, prior to conviction the court will enter an order prohibiting the defendant from having any contact with the victim or returning to the location where the alleged offense occurred, which is often the defendant's own home. Every domestic violence case is different and the outcome is dependent upon the specific facts and circumstances surrounding the charges. Corso & Rhude wants to help make sure a domestic violence charge doesn't ruin your life. We'll fight for your family and your future.

Don't take on Domestic Violence charges alone.

If charged with domestic violence, never try to resolve it on your own. Any contact you have with the victim could be detrimental to your case and even result in additional charges. Dealing with the unknown is a frightening process. Let us fight for you.

As former Arizona prosecutors, we know the ins and outs of the court system and we realize that every case is different. The outcome of your domestic violence case will pivot on the facts involved and legal analysis regarding the admissibility of evidence. Strengthening your position early on in the case improves your chances for a successful outcome.

The domestic violence defense attorneys at Corso & Rhude will take every step necessary to defend your rights. We've had hundreds of domestic violence cases dismissed and have had almost as many "not guilty" verdicts.

Call us to schedule a FREE and confidential initial consultation

If you have been charged with a domestic violence crime in Arizona or have questions about Arizona orders of protection, contact Corso & Rhude today. After you tell us the facts of your case, we'll use our legal experience to analyze the situation, explain the law, give you your options and discuss what our approach would be. We'll also explain what penalties you'll be facing and how the judicial process works.

Being arrested for domestic violence does not necessarily mean you will be convicted. We want to make sure you're aware of what lies ahead so we can tackle it head on together.

Call Corso & Rhude Today at (602) 254-3188 for a FREE Evaluation of Your Case

© 2012 The Law Office of Corso & Rhude, PLLC. Principal place of business is 14500 N. Northsight Blvd., Suite 116, Scottsdale, Arizona, 85260. This does not create an attorney–client relationship. This information is not intended as legal advice.

Domestic Violence Reality

– A heated argument with a family member leads to the police being called. Once the police are called, it is likely that someone will be arrested and charges filed. Many learn all too late that once the police are called, the power of the government takes over and the life of an innocent defendant and that of their family and friends can be changed forever.

– A husband punches a wall out of anger and jealousy. No one is hurt. The wife files domestic violence charges. Since Arizona is a community property state, smashing a dish or punching a door can be considered criminal damage, because the law says half of everything belongs to the spouse.

– A wife and mother has a restraining order against her, but she breaks the order of protection to call and wish her 7–year old daughter a happy birthday. Violating the protective order with this phone call would now be the mother's second domestic violence offense. Even a birthday card could be charged as domestic violence.