There is No Substitute For Experience.

"I learned a long time ago if you do things like everyone else does, you will end up average. We do not strive to be average, we strive to be exceptional. I encourage you to call me directly to discuss your case.”

-Arizona Criminal Attorney Dwane Cates

Domestic Violence Attorney in Phoenix

Protecting Clients Against Accusations of Domestic Violence

Being accused of domestic violence is a life-altering event. In Arizona, the legal system takes these allegations with extreme seriousness, often resulting in immediate arrests, restrictive no-contact orders, and a social stigma that can jeopardize your employment and reputation. At Cates & Reed, PLLC, we understand that there are two sides to every story. Whether a situation was escalated by a misunderstanding, a false accusation, or an act of self-defense, our dedicated Phoenix domestic violence lawyers are here to ensure your side is heard and your rights are protected.

Navigating the criminal justice system in Maricopa County requires a strategic and aggressive approach. A conviction doesn’t just mean potential jail time; it can mean losing your right to own a firearm, losing custody of your children, and carrying a permanent criminal record. With over 25 years of experience and a proven track record, our firm provides the sophisticated defense necessary to challenge the prosecution’s case and pursue the best possible outcome for your situation.

Call us at (480) 864-3807 or use our online form to request an initial consultation.

What is Considered Domestic Violence?

In Arizona, domestic violence (DV) is not a specific, standalone crime like "theft" or "speeding." Instead, it is a legal designation added to other criminal acts when a specific relationship exists between the defendant and the alleged victim.

Under A.R.S. § 13-3601, a crime is classified as domestic violence if the parties involved:

Are or were married (current or former spouses)
Reside or resided in the same household
Have a child in common
Are currently or were previously in a romantic or sexual relationship
Are related by blood or court order (parents, siblings, grandparents, etc.)

Common underlying offenses that are frequently tagged with a DV designation include assault, battery, disorderly conduct, criminal damage, kidnapping, stalking, and harassment. Because the designation carries additional penalties—such as mandatory counseling and firearm restrictions—it is vital to work with our Phoenix domestic violence lawyer who understands how to fight these specific enhancements.

Arizona Domestic Violence Laws

Arizona has some of the strictest domestic violence laws in the country. One of the most significant aspects of Arizona law is the "mandatory arrest" policy. If a police officer responds to a domestic call and has probable cause to believe a domestic violence offense has been committed, they are generally required to make an arrest—even if the alleged victim does not want to press charges.

Once an arrest is made, the state takes over. In Phoenix, the prosecutor’s office, not the victim, decides whether to move forward with the case. This means that even if the parties reconcile and the victim asks for the charges to be dropped, the case will often proceed to trial. This "no-drop" stance makes it essential to have a legal advocate who can negotiate directly with Maricopa County or City of Phoenix prosecutors.

Domestic Violence Charges & Penalties in AZ

The penalties for domestic violence in Phoenix depend heavily on the underlying crime and the defendant’s prior criminal history.

Misdemeanor Domestic Violence

Most first-time DV offenses, such as disorderly conduct or simple assault, are charged as Class 1 misdemeanors. Penalties can include:

Up to 6 months in jail
Up to $2,500 in fines plus surcharges
Mandatory 26 to 52 weeks of domestic violence offender treatment (counseling)
Probation

Felony Domestic Violence (Aggravated Domestic Violence)

Under A.R.S. § 13-3601.02, a person can be charged with "aggravated domestic violence," which is a Class 5 felony. This occurs if a person is convicted of a third or subsequent domestic violence offense within a 7-year period. A conviction carries mandatory prison time, even for those with no other prior felony record.

Furthermore, if the underlying act is severe—such as strangulation, the use of a deadly weapon, or causing serious physical injury—it will be charged as aggravated assault, a high-level felony that carries significant years in the Arizona Department of Corrections.

Domestic Violence Restraining Orders

In Phoenix, victims of domestic violence often seek an "order of protection" (commonly known as a restraining order). These orders can be granted ex parte, meaning the judge hears only the petitioner's side before issuing the order.

An order of protection can:

Prohibit you from contacting the petitioner in any way.
Remove you from your shared residence.
Prohibit you from coming near the petitioner’s home, workplace, or school.
Include your children in the protected list.

Violating an order is a separate criminal offense (interference with judicial proceedings) and usually results in an immediate return to jail. If you have been served with an order of protection, our team can represent you in a contested hearing to challenge the order and protect your access to your home and family.

Legal Defenses to DV Charges

Just because you have been charged does not mean you will be convicted. There are several effective legal defenses that a Phoenix domestic violence lawyer can employ:

Self-Defense: Arizona law allows individuals to use a reasonable amount of force to defend themselves or others from physical harm. If you were reacting to an attack, this is a powerful defense.
False Accusations: It is unfortunately common for domestic violence allegations to be fabricated or exaggerated during heated divorce or child custody battles. We look for inconsistencies in statements and evidence of ulterior motives.
Lack of Evidence: Often, DV cases rely solely on "he said/she said" testimony. If there are no physical injuries, no witnesses, and no digital evidence (texts/recordings), the prosecution may fail to meet the "beyond a reasonable doubt" standard.
Constitutional Violations: If the Phoenix police violated your right to remain silent or your right to counsel, or if they conducted an illegal search, we can move to have evidence suppressed.

Frequently Asked Questions

Do I have to be convicted to get a restraining order?

No. Courts can issue protective orders very early in the case, even before a conviction or trial.

Can domestic violence charges be dropped?

Yes, but not automatically. Even if the alleged victim does not want to pursue charges, prosecutors in Arizona can still continue the case.

Will I go to jail for a first offense?

Not necessarily. Many first-time misdemeanor cases result in probation, counseling, or diversion programs, depending on the facts and legal defense presented.

Can I own a firearm if I’m charged with domestic violence?

A domestic violence conviction often results in loss of firearm rights under both state and federal law.

What is the difference between an order of protection and an injunction against harassment?

An order of protection is specifically for people in domestic relationships (family, romantic, or household members). An injunction against harassment is for people who do not have a domestic relationship, such as neighbors or coworkers.

Should I speak to the police if I’m accused?

It is strongly recommended that you speak with a defense attorney before giving any statement to law enforcement.

Do I need a lawyer for a first-time misdemeanor DV charge?

Yes. Even a "minor" DV conviction stays on your record and can prevent you from getting jobs, renting apartments, or obtaining professional licenses. A lawyer can often negotiate for "diversion" programs that allow the charges to be dismissed upon completion of counseling.

Contact a Phoenix Domestic Violence Lawyer Today

At Cates & Reed, PLLC, we provide a judgment-free environment where we focus on the facts and the law. We know that these cases are emotionally charged and complex. Our goal is to minimize the impact on your life, protect your freedom, and fight for a dismissal or reduction of charges.

For personalized guidance on your domestic violence charge, reach out to a skilled Phoenix attorney from Cates & Reed, PLLC today. Call us at (480) 864-3807.

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