Being arrested for domestic violence is stressful, frightening, and potentially life-changing. Arizona law takes these cases very seriously, and even a misdemeanor conviction can have long-lasting consequences.
Whether the allegations are true or not, the steps you take immediately after an arrest can make a major difference in the outcome of your case.
Stay Calm and Comply
In Arizona, resisting an officer—even in a non-violent way—can lead to additional criminal charges under A.R.S. § 13-2508 (Resisting Arrest). That means you should not argue, pull away, or refuse commands.
The courtroom, not the roadside or your front porch, is where your case will be fought.
Don’t Talk to Police Without a Lawyer Present
You have the right to remain silent under the Fifth Amendment, but the U.S. Supreme Court in Salinas v. Texas, 570 U.S. 178 (2013), made it clear that simply staying silent isn’t enough—you must clearly state you are invoking your rights.
Say something like:
“I am invoking my right to remain silent and I want to speak to my attorney.”
Once you say this, questioning should stop. If officers keep asking questions, continue to remain silent until your lawyer arrives.
Understand Arizona’s No-Contact Orders
If you are arrested for domestic violence, Arizona judges often issue Orders of Protection or set release conditions that prohibit contact with the alleged victim (A.R.S. § 13-3602).
Breaking these orders—even if the other person initiates contact—can result in a new criminal charge. This means:
- No calls, texts, or social media messages
- No sending messages through friends or family
- No “accidental” run-ins
Violating a no-contact order is taken just as seriously as the original charge.
What If the Alleged Victim Contacts You?
Even if the alleged victim contacts you first—by phone, text, social media, or through friends—you cannot respond if a no-contact order or order of protection is in place.
Under A.R.S. § 13-2810 (Interfering with Judicial Proceedings), violating a court order is a separate crime. It does not matter:
- Who started the contact
- Whether the victim says they want to “drop the charges”
- Whether the conversation seems friendly or harmless
If you respond in any way—even to say “please stop contacting me”—you can be arrested and face new charges.
What to do instead:
- Do not reply.
- Save any evidence of the contact (screenshots, call logs, voicemails).
- Tell your attorney immediately.
Your lawyer can notify the court and, if appropriate, request a modification of the order.
Don’t Try to “Explain Things” to the Alleged Victim
Jail calls are recorded. In fact, prosecutors often play recordings of these calls in court to prove guilt. Even if your goal is to apologize, explain, or reconcile, those words can be twisted against you.
The safest course: no communication whatsoever until your attorney advises otherwise.
Keep Your Case Off Social Media
Prosecutors and police regularly monitor Facebook, Instagram, and other platforms for evidence. They can take screenshots, even if your account is private.
Do not delete posts (destroying evidence can be a crime), but stop posting anything about your case, your accuser, or the incident.
Get an Experienced Arizona Criminal Defense Attorney
Arizona’s domestic violence law (A.R.S. § 13-3601) covers a wide range of offenses, from misdemeanor assault to serious felonies. An experienced Domestic Violence Defense Attorney can:
- Challenge probable cause for your arrest
- Expose weaknesses in the prosecution’s case
- Negotiate for reduced charges or dismissal
- Protect your rights at every stage
The earlier your attorney gets involved, the more options you may have.
Prepare for Court and Follow All Conditions
Missing court will almost always lead to a bench warrant for your arrest. In misdemeanor cases, your lawyer can sometimes appear for you at certain hearings, but you should never skip without confirming with your attorney.
If you are ordered to attend counseling or classes as part of your release, do it—compliance can make a difference later.
Start Building Your Defense Immediately
Evidence disappears quickly. As soon as possible:
- Save all texts, emails, and voicemails
- Write down everything you remember while it’s still fresh
- Gather names and contact information for witnesses
Even small details can become critical in your defense.
Bottom Line
If you’ve been arrested for domestic violence in Arizona:
- Stay calm
- Say nothing without your lawyer
- Follow all court orders to the letter
Your future and freedom depend on it. At Damianakos Law, we have years of experience defending clients in domestic violence cases across Arizona. Call us immediately for a confidential consultation.
Legal References:
- A.R.S. § 13-2508 – Resisting Arrest
- A.R.S. § 13-3601 – Domestic Violence; Definition
- A.R.S. § 13-3602 – Order of Protection
- A.R.S. § 13-2810 – Interfering with Judicial Proceedings
- Salinas v. Texas, 570 U.S. 178 (2013) – Need to affirmatively invoke right to silence
