Phoenix Domestic Violence Defense Lawyer
Former Arizona Felony Prosecutor
Call 602-643-5595 Free Confidential Consultation22,000+
DV-Related Police Calls
Handled by Phoenix PD in 2024 alone.
100+
Jury Trials Handled
Real trial experience as a 13-year felony prosecutor.
Permanent
Lifetime Firearm Ban
A potential consequence for even a misdemeanor DV conviction.
If you are reading this, you are in one of the most stressful situations of your life. A domestic violence allegation in Phoenix can feel like the world is collapsing. You may be facing an Order of Protection, removal from your home, and the loss of contact with your family—all before you’ve even had a chance to tell your side of the story.
My name is Jeremy Huss. For over a decade, I was a felony prosecutor. I have stood on the other side of the courtroom in thousands of domestic violence cases, from misdemeanor assault to complex aggravated assault and domestic homicides. I have personally handled over 100 jury trials, and I know exactly how Prosecutors build cases. I know the evidence they look for, the arguments they make, and the mistakes they hope you will make.
Now, I use that “insider” knowledge to defend you.
This page is a complete guide to navigating the charges you face. It covers your immediate rights, what happens next in the Phoenix court system, the severe penalties, and the specific strategies a phoenix domestic violence defense former prosecutor uses to protect your freedom, your reputation, and your family.
Key Takeaways: What to Know Immediately
- The “Victim” Cannot Drop the Charges. Once the police are called, the case belongs to the State of Arizona. Even if the alleged victim recants, the Maricopa County Attorney’s Office can (and often will) continue to prosecute you.
- Your Silence is Your Only Defense. Do NOT speak to the police, and do NOT contact the alleged victim (this includes “I’m sorry” texts). Your words will be used as evidence to build the case against you.
- A Conviction is Permanent. A misdemeanor DV conviction may result in a lifetime federal firearm ban… it is a Class 4 Felony for a person on misdemeanor domestic violence probation to possess a firearm… A domestic violence conviction can also cost you your job, your professional license, and your custody rights.
- Insider Knowledge is Your Best Weapon. As a former 13-year felony prosecutor, I know exactly how the State builds its case and… the specific evidence I looked for to dismiss one. We must act *before* your first court date.
Same-day consultations available.
EMERGENCY: What to Do Right Now After a Phoenix DV Arrest
- DO NOT SPEAK TO POLICE. You have a right to remain silent. State clearly: “I am going to remain silent, and I would like a lawyer.” Do not say anything else.
- DO NOT CONTACT THE ALLEGED VICTIM. Do not call, text, or email. This can be a new criminal charge, even if it’s just to apologize.
- DO NOT RETURN TO YOUR HOME. If you were ordered out, do not go back for any reason. This is a violation.
- PRESERVE ALL EVIDENCE. Save texts, emails, and voicemails. Take photos of any injuries you have. Write down your timeline of events.
Learn more about the Arizona Domestic Violence Arrest Process.
Where Your Phoenix Domestic Violence Case Will Be Heard
Navigating a DV charge is confusing because your case may be in one of two places:
Phoenix Municipal Court
(Misdemeanors)
Handles most misdemeanor DV cases like Assault or Disorderly Conduct.
Address: 300 W. Washington St., Phoenix, AZ 85003
Maricopa County Superior Court
(Felonies)
Handles all felony DV charges, including Aggravated Assault and Aggravated Domestic Violence.
The timeline moves fast. You need a defense attorney engaged from day one to avoid being railroaded. You can read a detailed guide on the Phoenix Criminal Court Process Explained here.
FROM THE PROSECUTOR’S DESK
How Prosecutors Use 911 Calls and Body Cameras
As a prosecutor, the first two things I reviewed were the 911 call and all police body camera footage. I wasn’t just listening to *what* was said; I was listening to *how* it was said.
- 911 Calls: Prosecutors use these to get “excited utterances” into evidence. If the alleged victim is crying or screaming, a prosecutor will argue that their statement is the *truth* because they had no time to fabricate a lie.
- Body Cameras: Police are trained to separate parties and get a statement on camera *before* they calm down. They document any disarray as “evidence” of a struggle. This footage is often the most powerful evidence the state has.
Defense Strategies for Phoenix DV Charges
Understanding the “DV Enhancement” (A.R.S. § 13-3601)
“Domestic Violence” is not a separate crime. It’s an enhancement label added to another crime—like Assault, Disorderly Conduct, or Criminal Damage—committed against a person with a qualifying domestic relationship. You can read more about what offenses qualify as domestic violence in Arizona in my detailed guide.
Why does this matter? This enhancement triggers severe, mandatory consequences, including a possible lifetime loss of your firearm rights, mandatory counseling, and far more aggressive prosecution.
For a general overview of my domestic violence defense practice, please see my main service page.
Consequences: The Family Law & Custody Fallout
For many clients, this is the most terrifying part. An arrest immediately triggers a crisis in the family court. The second a DV charge is filed, the other party can (and often will) file for an emergency modification of custody, cutting off your access to your children.
This can lead to immediate loss of custody and court-ordered supervised visitation. A conviction can be used by a family judge to permanently affect your custody rights. Learn how a domestic violence arrest immediately impacts custody in Arizona.
Aggravated Domestic Violence (A.R.S. § 13-3601.02)
If you have two or more prior DV convictions within the last 7 years, a new charge—even a misdemeanor—is automatically upgraded to Aggravated Domestic Violence, a Class 5 Felony. This charge carries mandatory prison time (4 months minimum for 2 priors, 8 months minimum for 3 priors) that cannot be suspended.
If you are facing this serious felony, visit my Aggravated Domestic Violence Defense page for more information.
Defense for Protection Order Violations (A.R.S. § 13-2810)
An Order of Protection (OOP) is a civil order, but violating it is a new criminal charge under A.R.S. § 13-2810. Our defense strategies include challenging if the order was legally served, what “contact” means, and if the contact was accidental or unintentional.
Contesting the OOP Itself: We move immediately to contest the underlying civil order, depending on the circumstances. However, it results in some discovery as the hearing allows the petitioner to be cross-examined under oath. By cross-examining the petitioner at this hearing, the Order may be thrown out, which could hurt the state’s criminal case.
Phoenix Domestic Violence Calls (2020-2024)
Source: Phoenix Police Department Data
Proof of an Insider’s Advantage: Real Case Results
My experience as a prosecutor is not just a title; it is a tactical advantage that has led to real-world results for my clients. (Note: Past results do not guarantee future outcomes. Every case is unique.)
Result: Second Degree Domestic Homicide Allegation
The State alleged homicide. The defense proved suicide. After a full trial, the jury hung heavily in favor of Not Guilty. The State was later forced to dismiss all charges.
Result: Aggravated Assault by Domestic Violence
My client was charged with multiple felonies. After two separate trials, the client was acquitted of all felony counts.
Result: Threatening & Intimidating by DV
The client was accused based on a recording. We took the case to trial, arguing a nuanced and technical interpretation of the law. The result was a full acquittal at trial.
Myth vs. Reality: Phoenix Domestic Violence Charges
Myth: If the victim doesn’t show up, the case is dismissed.
Reality: The prosecutor will often proceed *without* the victim, using the 911 call, body camera footage, and witness testimony to build their case.
Myth: It’s a misdemeanor, so it’s “not a big deal.”
Reality: A misdemeanor DV conviction may result in a lifetime federal firearms ban, mandatory counseling, and a permanent criminal record that can cost you your job, your housing, and your professional license.
Myth: I can just explain what happened to the police.
Reality: Anything you say *will* be used against you. Police officers are not mediators; they are evidence-gatherers for the prosecution. Your “explanation” is often their main piece of evidence.
Can a DV charge affect my professional license?
Yes. Professions like nursing, teaching, real estate, and law all have “moral character” clauses. A DV conviction can trigger an investigation by your licensing board and lead to suspension or revocation.
Can a domestic violence charge be “set aside” or “sealed”?
Arizona allows for a “set aside,” which is different from a true expungement. A set aside shows the conviction was dismissed, which helps with some employment background checks, but it does not restore your federal firearm rights. Arizona does not allow for expungement, but does allow a “sealing” of the record. And most misdemeanor (and some felony) convictions are eligible to be “sealed”.
How does family court interact with the criminal case?
They are parallel tracks. A statement you make in one can be used against you in the other. A criminal conviction will almost certainly be used by a family judge to restrict custody or visitation, which is why defending against emergency custody modifications is so critical.
Related Reading
Gun Rights After a DV Conviction
A conviction can mean a lifetime ban. Learn the facts about Arizona and federal law.
Read More »Understanding Orders of Protection
What an OOP means for you, your home, and your rights, and how to fight one.
Read More »DV and Emergency Custody
How an arrest immediately impacts your child custody case in family court.
Read More »Defending Custody Modifications
Learn the strategy for fighting an emergency motion to change custody.
Read More »Get a Former Felony Prosecutor on Your Side
Do not wait. Do not talk to anyone. Your first call must be to your defense attorney.
Call 602-643-5595 NowCall a Former Arizona Felony Prosecutor who knows how the State builds its case—and how to build your strongest defense against it.
You speak directly with me — not an intake team or call center.
All consultations are confidential under Arizona’s attorney-client privilege.
About the Author
Jeremy Huss is a Former Arizona Felony Prosecutor with over 100 jury trials. He is a member in good standing of the State Bar of Arizona and focuses his practice on defending clients facing serious criminal allegations in Phoenix and throughout Maricopa County.
