How to Fight Domestic Violence Charges in Arizona

Domestic violence cases can be some of the most challenging cases because of the complex—and often strained—relationship between the parties. Chances are, if you’ve been charged with a domestic violence crime in Maricopa County, you were at one point or are currently involved in a rocky relationship. However, this isn’t to say that you’re guilty of a crime; it is common for alleged victims in DV cases to exaggerate or even fabricate allegations. Of course, regardless of the factual basis of the case against you, you still need to know how to fight domestic violence charges in Arizona.

At the Law Office of James E. Novak, our Phoenix domestic violence lawyer has more than 25 years of experience developing strong defenses on behalf of clients charged with domestic assault and other DV crimes. We understand the best defenses to domestic violence offenses and how to use them to minimize—or eliminate—your exposure early on in the process.

If you're facing domestic violence charges in Arizona, it's crucial to understand your rights and what steps you can take to defend yourself. Here are six tips to help you effectively navigate the situation:

Stay Calm and Comply: When you're first charged, it's essential to remain calm and cooperate with law enforcement. Arguing or resisting arrest can complicate your case. Once you're able, contact a Phoenix domestic violence lawyer. They can guide you through the legal process and help protect your rights.

Avoid Contact with the Accuser: Following your arrest, abide by any orders of protection or no-contact orders issued by the court. Violating these orders can lead to additional charges and weaken your defense. Communicate only through your attorney—if at all—to ensure that you're complying with legal requirements while your case is being handled.

Don’t Rely on a Victim’s Promise Not to Come to Court: Sitting back and waiting for the alleged victim to no-show on your court date is not a defense. Prosecutors are able to subpoena victims of domestic violence, which means that the victim may show up even if it is against their will. The last thing you want is to be caught off-guard when the victim walks into the courtroom.

Gather Evidence and Witnesses: Start collecting any evidence that might support your side of the story. This can include text messages, emails, or witness statements that show the context of the incident or your relationship with the accuser. Your lawyer can help you determine what evidence is relevant and legally admissible.

Consider Counseling or Treatment Programs: Participating in counseling or a domestic violence treatment program can demonstrate to the court that you are taking proactive steps to understand and address behaviors linked to the charges. This can be particularly persuasive in showing your commitment to making positive changes, regardless of the case's outcome.

Prepare Your Defense Strategically: Work closely with your attorney to develop a strong defense strategy. Be honest with your lawyer about all the details of the case so they can effectively advocate on your behalf. Whether it involves challenging the accuser's credibility, presenting alternative explanations for the incident, or negotiating a plea deal, a tailored defense strategy is crucial.

If you’ve been arrested and charged with a domestic violence crime in Arizona, our dedicated Phoenix criminal defense attorney at the Law Office of James E. Novak can help. For more than 25 years, Attorney Novak has been standing in the corner of those charged with serious crimes, defending their rights, freedoms, and futures from the worst consequences of a criminal conviction. We have specific experience challenging the testimony of alleged victims in domestic violence cases, exposing their lies and exaggerations, and setting the record straight. To learn more, and to schedule a free consultation today, call the Law Office of James E. Novak at 480-413-1499. You can also reach us through our secure online contact form.