Domestic Violence Attorney in Phoenix
Orders of Protection
Domestic violence is treated seriously by both Arizona police and the legal system. This crime occurs when someone has a pattern of behavior that includes using or threatening violence against another person for the purpose of gaining power and control over that person. This violence can include physical abuse, emotional abuse, verbal abuse, sexual abuse, isolation and control issues.
Nearly 85% of domestic violence victims are women. If you or a family member have been abused or threatened by a spouse or family member, you have the right to request an order of protection, also known as a restraining order. Once issued by the court, a protection order or restraining order prohibits a specific individual from approaching you or your family members at home, at your workplace, or at your school for a certain amount of time. If you have been threatened, you should contact a Phoenix divorce lawyer at The Wallin Law Firm for immediate help and advice on what your legal options are.
The Need for Child Custody
Approximately 50% of men who abuse women also abuse children, and children who have witnessed adult domestic violence can be traumatized again if they are required to visit an abusive parent against their wishes. Many victims of domestic violence file for divorce and seek full
custody of their children, but sole legal custody is not always granted by the court. According to a 2003 report by the
Arizona Coalition Against Domestic Violence, courts in Maricopa County consistently ordered joint or sole custody to domestic violence perpetrators in 74% of the cases in spite of evidence against women and children. Here at The Wallin Law Firm, we fight hard to protect your rights and your future safety so that you and your children can live without fear. Our legal team will gather the necessary evidence to prove that sole legal custody is the only solution for your divorce.
Unfair Charges of Domestic Violence
Sometimes a person will file false domestic violence charges against his or her spouse. Police arriving at a scene may not have real evidence or reliable testimony before they make an arrest. In some cases, the wrong person is arrested or no one was actually guilty of a crime. In these cases, the wheels of justice can turn very harshly and even if charges are not filed or are withdrawn, the person arrested may still be prosecuted.
Domestic violence, especially in cases of spousal and child abuse, is charged as a violent crime and can bring heavy penalties including jail or prison time. While it may seem dangerous to report or take action when faced with such threats, you should at least speak to a family law attorney in confidence to find out what can be done. Our firm is committed to helping victims of domestic violence get the protection and relief they need to begin to live a life without fear and oppression, so don't wait to contact a Phoenix divorce attorney from our firm today.