Scottsdale Domestic Violence Lawyer
A domestic violence arrest in Scottsdale triggers immediate consequences—release conditions prohibiting contact with the alleged victim, potential removal from your home, and firearm surrender requirements—all before you have the opportunity to present your side of the story. Understanding how Scottsdale handles domestic violence cases and what defenses may apply is essential to protecting your rights.
Attorney Josh Lopez defends Scottsdale residents facing domestic violence allegations, from initial arrest through trial or resolution. With a Scottsdale office and experience handling DV cases in Scottsdale City Court and Maricopa County Superior Court, Attorney Josh provides the local knowledge and defense strategy these serious charges require.
How Domestic Violence Charges Work
Domestic violence is not a standalone crime in Arizona. Under ARS § 13-3601, domestic violence is a designation that attaches to underlying criminal offenses when the alleged victim and defendant have a qualifying domestic relationship.
Common Underlying Offenses
The offenses most frequently charged with a domestic violence designation in Scottsdale include:
- Assault (ARS § 13-1203): Causing injury, placing someone in fear, or offensive touching
- Aggravated Assault (ARS § 13-1204): Assault causing serious injury or involving weapons
- Disorderly Conduct (ARS § 13-2904): Fighting, threatening, creating disturbance
- Criminal Damage (ARS § 13-1602): Damaging property belonging to the victim
- Threatening or Intimidating (ARS § 13-1202): Threatening physical harm
- Harassment (ARS § 13-2921): Repeated unwanted contact
Qualifying Domestic Relationships
The DV designation applies when the defendant and alleged victim are or were:
- Married or formerly married
- Living together or formerly living together
- Parents of a common child
- Related by blood (parent, child, grandparent, sibling)
- Currently or formerly in a romantic or sexual relationship
For a comprehensive overview of Arizona domestic violence law, see: Arizona Domestic Violence Laws
Scottsdale’s Approach to Domestic Violence
Mandatory Arrest Policy
When Scottsdale Police respond to a domestic violence call and have probable cause to believe DV occurred, Arizona law requires them to make an arrest. Officers do not have discretion to simply separate the parties and leave. This means that even in situations involving mutual arguments or minor incidents, someone is typically taken into custody.
Initial Processing
After a DV arrest in Scottsdale:
- Booking at Scottsdale Jail or transfer to Maricopa County facility
- Release conditions imposed by the court, typically including:
- No contact with the alleged victim (direct or indirect)
- Stay-away from the victim’s residence and workplace
- Prohibition on firearm possession
- Possible GPS monitoring
- Court date set for arraignment in Scottsdale City Court (misdemeanor) or transfer to Superior Court (felony)
No-Contact Orders
Release conditions prohibiting contact are standard in DV cases. This means:
- No phone calls, texts, emails, or messages
- No contact through third parties (friends, family, children)
- No returning to the shared residence
- No social media contact
Violating no-contact conditions can result in arrest, bail revocation, and additional criminal charges—even if the alleged victim initiates contact.
Court Jurisdiction for Scottsdale DV Cases
Scottsdale City Court
Misdemeanor domestic violence charges are handled in Scottsdale City Court:
Location: 3700 N. 75th Street, Scottsdale, AZ 85251
Scottsdale City Court handles:
- Misdemeanor DV assault
- DV disorderly conduct
- DV criminal damage (under felony threshold)
- DV harassment
Maricopa County Superior Court
Felony domestic violence charges are handled in Superior Court:
- Aggravated domestic violence (third DV offense in 84 months)
- Aggravated assault with DV designation
- DV offenses involving serious injury
- DV offenses involving weapons
Common Domestic Violence Scenarios in Scottsdale
Residential Disputes
Scottsdale’s residential neighborhoods—from North Scottsdale estates to South Scottsdale condos—see domestic disputes arising from relationship stress, financial pressures, and family conflicts. These situations may escalate to physical contact or property damage, resulting in DV charges.
Post-Entertainment District Incidents
A pattern common in Scottsdale involves couples or household members returning from Old Town after drinking, with arguments escalating at home. Alcohol impairment combined with relationship tensions can result in physical contact, one party calling police, and a DV arrest.
Allegations During Divorce or Custody Disputes
Domestic violence allegations sometimes emerge strategically during divorce or custody proceedings. A DV conviction or even pending charges can significantly affect custody determinations under ARS § 25-403.03, creating incentive for false or exaggerated allegations.
Mutual Combat Situations
In some incidents, both parties engage in physical contact. Arizona’s mandatory arrest policy typically requires officers to identify a “primary aggressor” and arrest that person, even when both parties contributed to the altercation.
Penalties for Domestic Violence Convictions
Misdemeanor DV Penalties
| Classification | Maximum Jail | Maximum Fine |
| Class 1 Misdemeanor | 6 months | $2,500 |
| Class 2 Misdemeanor | 4 months | $750 |
| Class 3 Misdemeanor | 30 days | $500 |
First-time misdemeanor DV offenders in Scottsdale may receive probation, but significant consequences still apply.
Felony DV Penalties
Felony domestic violence—including aggravated DV (third offense in 84 months)—carries prison sentences ranging from months to years depending on classification and criminal history.
For complete penalty tables, see: Arizona Domestic Violence Laws
Additional Consequences
Beyond jail or prison, DV convictions trigger:
Federal Firearm Prohibition: Under 18 U.S.C. § 922(g)(9), a misdemeanor domestic violence conviction permanently prohibits firearm possession under federal law. This applies even to misdemeanor convictions.
Child Custody Impact: Arizona law creates a rebuttable presumption against awarding custody to a parent with a domestic violence finding (ARS § 25-403.03).
Mandatory DV Treatment: Courts require completion of domestic violence offender treatment programs.
Immigration Consequences: DV convictions can result in deportation for non-citizens.
Employment Impact: Background checks reveal DV convictions, affecting job prospects and professional licensing.
Orders of Protection in Scottsdale DV Cases
Domestic violence cases frequently involve protective orders that restrict your conduct beyond criminal court release conditions.
Emergency Orders of Protection (EROP)
Law enforcement can request an EROP at the scene of a DV incident:
- Issued by an on-call judge over the phone
- Effective immediately upon service
- Expires at end of next business day
- Can be converted to standard Order of Protection
Orders of Protection (OOP)
The alleged victim can petition for an Order of Protection through Scottsdale City Court or Superior Court:
- May be issued without your presence (ex parte)
- Effective for one year
- May prohibit contact, exclude from residence, affect custody
- Violation is a separate criminal offense
Contesting Protective Orders
You have the right to request a hearing to contest an Order of Protection. At the hearing, you can present evidence, cross-examine the petitioner, and argue why the order should be dismissed or modified.
For detailed information, see: Phoenix Order of Protection Lawyer
Defense Strategies for Scottsdale DV Charges
Self-Defense
Arizona law (ARS § 13-404) recognizes the right to use physical force in self-defense. If the alleged victim was the aggressor and you responded with proportional force to protect yourself, self-defense may apply. Evidence supporting self-defense includes:
- Injuries to the defendant
- Witness statements about who initiated contact
- History of aggression by the alleged victim
- 911 call recordings
False Allegations
Domestic violence allegations are sometimes fabricated or exaggerated due to:
- Anger or revenge following relationship conflict
- Strategic advantage in divorce or custody proceedings
- Mental health issues
- Misunderstandings
Defense investigation may reveal inconsistent statements, lack of physical evidence, prior false allegations, or communications showing motive to lie.
Lack of Domestic Relationship
The DV designation requires a qualifying domestic relationship. If no such relationship exists, the charge should not carry the DV designation and its enhanced consequences.
Insufficient Evidence
The prosecution must prove guilt beyond a reasonable doubt. Defense may focus on:
- Lack of physical evidence (no injuries, no photographs)
- Inconsistent statements by the alleged victim
- No independent witnesses
- Officer did not observe the alleged conduct
Constitutional Violations
Evidence may be suppressed if obtained through:
- Warrantless entry without valid exception
- Miranda violations
- Coerced statements
Frequently Asked Questions
Can domestic violence charges be dropped if the victim doesn’t want to prosecute?
The alleged victim cannot “drop charges.” In Arizona, criminal charges are brought by the state, not the victim. The prosecutor decides whether to pursue charges. While lack of victim cooperation affects many cases, prosecution can proceed with other evidence including 911 calls, photographs, officer observations, and medical records.
What happens at my first court date for a Scottsdale DV charge?
Your first appearance is typically arraignment. The judge will advise you of the charges, confirm you understand your rights, and take your initial plea (usually “not guilty”). Release conditions will be confirmed or modified, and future court dates will be set.
Can I go home if I live with the alleged victim?
Typically, no—at least not initially. Release conditions in DV cases usually prohibit contact with the alleged victim and returning to the shared residence. You may petition the court to modify these conditions, but until modified, you must comply.
Will a DV charge affect my ability to see my children?
DV charges can significantly affect custody and parenting time. Courts consider domestic violence allegations when making custody determinations. Additionally, release conditions may restrict contact with the alleged victim, which can affect your ability to see children if the victim has custody.
Is domestic violence always a felony?
No. Most first and second DV offenses are misdemeanors, depending on the underlying offense. However, a third DV offense within 84 months (7 years) becomes Aggravated Domestic Violence—a Class 5 Felony—regardless of the underlying offense.
How will a DV conviction affect my gun rights?
A domestic violence conviction—including a misdemeanor—permanently prohibits firearm possession under federal law (18 U.S.C. § 922(g)(9)). This is one of the most significant long-term consequences of any DV conviction.
Contact a Scottsdale Domestic Violence Defense Attorney
Domestic violence charges carry immediate consequences and long-term implications for your freedom, family, career, and rights. Early intervention by an experienced attorney can make a significant difference in the outcome.
Attorney Josh Lopez provides domestic violence defense for Scottsdale residents, with knowledge of Scottsdale City Court procedures and the local factors that affect these cases.
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 or complete the contact form to schedule your free consultation.