Domestic Violence

questions & answers

Question: My husband was arrested after an arrangement we had we got kinda loud so the next door neighbor called the cops when they arrive my husband was already packed up and out the door he didnt put his hands on me but he did break the phone. I told the cops I didnt want him arrested. Why would they still take him and how can I get him out ASAP

Answer: Domestic Violence (A.R.S §13-3601) covers a variety of crimes including "criminal damage" A.R.S. §13-1602 which includes "recklessly tampering or damaging property of another person."

According to A.R.S. §13-360(B) " a peace officer with or without a warrant may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense." The officer is the individual who decides whether or not to make an arrest in an alleged incident not the parties involved or witnessing an alleged incident.

Once a person is arrested and charged with a crime the judge will also set the bail amount.  At that time the person who is being charged may be released once their bail is posted. You may want to speak with an attorney. Free and reduced fee services are available here: http://azlawhelp.org/accessToJustice.cfm.

QUESTIONS

  • My husband was arrested after an arrangement we had we got kinda loud so the next door neighbor called the cops when they arrive my husband was already packed up and out the door he didnt put his hands on me but he did break the phone. I told the cops I didnt want him arrested. Why would they still take him and how can I get him out ASAP

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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