What Happens At An Arraignment Hearing for Domestic Violence?

domestic violence charges in Arizona

If you’re facing domestic violence charges in Arizona and have an upcoming arraignment hearing, you may be wondering what to expect. It’s important to be informed about your legal rights and responsibilities as you navigate the Arizona criminal justice system. Find out everything you need to know about arraignment hearings from the criminal defense lawyers at Lerner and Rowe Law Group.

What Are Domestic Violence Charges in Arizona?

Domestic violence is a specific designation for criminal charges committed against a family or household member. These may include, but are not limited to:

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In fact, under ARS § 13-3601 any criminal offense can be classified as domestic violence if any of the following conditions apply:

  • The relationship between the victim and the defendant is one of marriage, former marriage, or of persons residing or having resided in the same household. (This condition can also apply to a simple roommate situation.) 
  • The victim and the defendant have a child together.
  • The victim is pregnant by the defendant or vice versa.
  • The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law.
  • The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
  • The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.

What Is A Domestic Violence Arraignment Hearing?

An arraignment hearing, also sometimes called an initial appearance, is your first appearance in court following an arrest for domestic violence. For domestic violence cases, the arraignment / initial appearance usually takes place within 24 hours of being taken into custody by law enforcement.

If you are not taken into custody and are instead issued a citation, you will receive a summons specifying a date and time for your arraignment. Note: not showing up to your arraignment can result in additional charges for failure to appear in court.

What Should I Expect At the Arraignment?

The purpose of an arraignment hearing is to formally hear the charges that are being brought against the defendant and to give the defendant an opportunity to plead guilty or not guilty. The process may vary depending on whether you are charged with a misdemeanor domestic violence offense or a felony in Arizona. The process usually goes something like this:

  • You will be brought in front of a judge, who will verify your identity.
  • You will be advised of your constitutional rights, including the right to a trial, legal counsel, and the right to protect yourself against self-incrimination.
  • You will formally hear the criminal charges against you. This includes the criminal complaint and indictment, of which you are entitled to obtain a copy.
  • The court will also explain the possible criminal penalties you are facing, including possible jail sentencing, community service, mandatory counseling, or probation.
  • The judge will ask you to enter a plea regarding the charges brought against you. You will have the opportunity to plead guilty or not guilty.

Do I Need a Lawyer for An Arizona Arraignment Hearing?

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To obtain the best outcome in your criminal case, you will want a qualified domestic violence lawyer on your side. The criminal defense team at Lerner and Rowe Law Group has decades of experience representing our clients in court and fiercely protecting their rights. Domestic violence charges in Arizona are a serious matter that can easily result in stringent sentencing without a strong defense.

In addition, retaining an attorney may allow you to waive your arraignment hearing in order to speed up the process of clearing your name and having the charges dropped or mitigated. Find  out how we can help today with a free confidential consultation with Lerner and Rowe Law Group. Call us at 602-667-7777, chat with a representative using our LiveChat feature, or send us a secure message about your case. 

Lerner and Rowe Law Group has convenient locations in Phoenix and Tucson and offers affordable payment plans. Contact us today!