Victims of Spousal Abuse

Many spousal abuse victims are afraid for their safety and the safety of their children. An abusive relationship is defined as a relationship where threats of violence or physical violence occur. It is especially difficult when children are involved in domestic violence situations. Even if the child is not a direct recipient of the violence, but only present during the instances of violence, there can be devastating and long lasting effects.

Being married does not entitle someone to hit, threaten, or abuse you in your home. There are criminal and civil remedies to help victims of spousal abuse. If you have children, it is vital to contact an Arizona family lawyer right away to make sure your parental rights are protected.

Scottsdale and Phoenix Spousal Abuse Attorney

The Daly Law Firm currently handles divorces and child custody matters in Phoenix, Scottsdale, and the area of Maricopa County. Family violence can play a large part in a divorce or child custody dispute. The Daly Law Firm addresses the topic of domestic violence with sensitivity and discretion. Contact Doug Daly at (480) 607-8308 for a free consultation regarding your particular family situation.

Victims of Spousal Abuse Information Center

• What are the Arizona laws governing domestic violence situations?
• Am I a victim of spousal abuse?
• What is the cycle of violence?
• How can a family lawyer help victims of spousal abuse?

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What are the Arizona laws governing domestic violence situations?

Domestic Violence is a criminal offense in Arizona. If you are a victim of spousal abuse, you can call the police and file a report. After the report is filed, it is up to the attorneys at the District Attorney’s office to determine whether they will follow through with prosecuting the case.

There are also civil implications and remedies in a domestic violence case. For victims with children, it is necessary to get away from the abuser. Especially if you are married and have children, it is important to get a divorce and custody of your children. An Arizona family lawyer can help you with your divorce case and child custody.

The following list contains all the criminal laws related to Domestic Violence. If you are a victim then the criminal system and the family law system can work in conjunction to protect you:

Arizona Revised Statutes concerning Domestic Violence

• Assault - A.R.S. §13-1203
• Aggravated assault - A.R.S. §13-1204
• Child abuse - A.R.S. §13-3623
• Custodial interference - A.R.S. §13-1302
• Criminal damage - A.R.S. 13-1602
• Dangerous crimes against children - A.R.S. §13-705
• Disorderly conduct - A.R.S. §13-2904
• Elderly abuse - A.R.S. §13-3623
• Endangerment - A.R.S. §13-1201
• False imprisonment - A.R.S. §13-1303
• Harassment - A.R.S. §13-2921
• Harassment (telephonic) - A.R.S. §13-2916
• Kidnapping - A.R.S. §13-1304
• Order of protection violations - A.R.S. §13-2810
• Restraining order violations - A.R.S. §13-2810
• Stalking - A.R.S. §13-2923
• Surreptitious photographing - A.R.S. §13-3019
• Threatening and intimidation - A.R.S. §13-1202
• Trespass - A.R.S. §13-1502-04

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Am I a Victim of Spousal Abuse?

Surprisingly since abuse comes in many forms such as emotional and mental, people might not realize that they are in abusive situations. There are a number of questionnaires used by social workers and other personnel to determine if abuse warning signs are present in your relationship. Some of the warning signs are:

• Your spouse stops you from seeing family and friends
• Your spouse threatens to take away your children from you
• Your spouse threatens to hurt you if you leave the relationship
• Your spouse stops you from accessing money or your spouse starts controlling your financial decisions
• Your spouse verbally insults you or makes you feel worthless
• Your spouse physically abuses you (ex: Hitting, pushing, kicking, slapping, etc)

If you feel that your life or your children’s lives are in danger, immediately call 911. There are other warning signs and they can be slight or severe. Call a local family lawyer if you are in an abusive situation for help in filing protective orders, getting a divorce, and protecting your child custody rights.

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Cycle of Violence

It is difficult to recognize an abusive relationship because there can be long periods of calm. The victims usually feel that the abusers will change and stop hurting them. A common abuse cycle is:

• Abusive Incident
• Making Up
• Calm
• Tension Building
• Abusive Incident

Victims of spousal abuse need to contact a lawyer right away to find out their legal options. There are several motions a lawyer can file with the family court to make sure you are legally protected from abuse.

There are different abusive cycles but usually after an abusive incident the abuser apologizes and promises not to do it again. The victim forgives the abuser and things are calm. Then tension starts building up and the victim feels the need to calm the abuser. Eventually another abusive incident occurs and the cycle starts all over again.

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How can a family lawyer help victims of spousal abuse?

A family lawyer can assist victims of spousal abuse in the following ways:

• Advise victims of Arizona domestic violence laws
• Prepare documentation and legal forms for civil court hearings
• Represent the victim at civil hearings
• File restraining orders on behalf of the victim
• File additional temporary orders to protect property and finances
• File protective orders to protect victim, children and other family members
• Prepare child custody motions
• Prepare child support motions
• Represent the victim in a divorce case
• Represent the victim at all child custody and child support hearings
• Help document evidence for a criminal trial if the victim wants to press criminal charges

Resources

Chrysalis Shelter for Victims of Domestic Violence, Inc.Chrysalis provides emergency shelters in Scottsdale and Phoenix that provide safety to women and children in abusive situations.

National Domestic Violence Hotline

1-800-799-SAFE (7233)

Arizona Domestic Violence Resources – Arizona Domestic Violence Resources – Abuse, rape, domestic violence resources for victims and survivors of domestic violence living in Arizona.

Daly Law Firm, PLLC - Arizona Spousal Abuse Attorney

If you are in a domestic violence situation with children, it is best to get legal advice to protect your rights. A dependable Scottsdale family lawyer can help you with protective orders, child custody, child support and visitation. If you are going through a divorce or child custody proceeding in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call The Daly Firm at (480) 607-8308 for a free consultation regarding your questions and concerns.