Saturday, February 24, 2024

Opinion Article

Aggravated assault with a deadly weapon is a serious crime and carries severe penalties. The consequences of this offense can be life-altering, with the potential for long-term prison sentences, hefty fines, and a criminal record that can follow an individual for the rest of their life.


Imagine being the victim of an aggravated assault with a deadly weapon. You are left traumatized, with physical and emotional scars that can take a lifetime to heal. Now, you must deal with the aftermath of the assault, such as medical bills and the trauma of the event itself. In some cases, victims of such crimes must also deal with the fear and anxiety that comes from knowing that their attacker is still at large.

Definition of Aggravated Assault with a Deadly Weapon

Aggravated assault is a serious crime that requires intent, a deadly weapon, and an injury. If a person uses a deadly weapon, such as a gun or a knife, to inflict serious bodily harm upon another person, they can be charged with aggravated assault. The use of a deadly weapon increases the severity of the crime and can lead to harsher penalties.

Penalties of Aggravated Assault with a Deadly Weapon

The penalties for an aggravated assault with a deadly weapon vary depending on the severity of the crime and the state in which the offense was committed. In most cases, a conviction for this offense can lead to a prison term of up to 20 years and fines of up to $10,000. In addition to these penalties, individuals convicted of this offense may be required to perform community service, attend counseling sessions, or participate in other court-ordered programs.

How to Defend Against Aggravated Assault with a Deadly Weapon Charges

If you have been accused of aggravated assault with a deadly weapon, it is important to take the charges seriously and seek legal representation immediately. There are several defenses that can be used to fight this type of charge, including self-defense, defense of others, and lack of intent. Your attorney can help you determine the best defense strategy based on the facts of your case.

The Importance of Legal Representation

If you have been accused of an aggravated assault with a deadly weapon, it is crucial to seek legal representation from an experienced criminal defense attorney. Your attorney will help you understand the charges against you, evaluate the evidence, and develop a defense strategy that will give you the best chance of a positive outcome. Without competent legal representation, you risk being convicted of a serious offense and facing severe penalties.


Aggravated assault with a deadly weapon is a serious crime that carries severe penalties. If you have been accused of this offense, it is crucial to seek legal representation and prepare a strong defense. With the help of an experienced criminal defense attorney, you can fight the charges against you and protect your rights and freedom.

Aggravated Assault with a Deadly Weapon Penalties-

Tuesday, February 20, 2024

Dealing with School Disagreements with Your Ex in Arizona? Learn How De Novo Law Can Help

Feature Article

How De Novo Law Can Help Resolve School Disagreements with Your Ex

Co-parenting can be a tricky business, especially when disagreements arise concerning important decisions, such as the education of your child. In the state of Arizona, the type of legal decision-making authority awarded by the court can have a significant impact on the ability of co-parents to make unilateral decisions about their child's education. With the help of De Novo Law, navigating this legal labyrinth becomes much easier, and your child's education can become a shared responsibility once again.

What is De Novo Law?

De Novo Law is a legal firm specializing in divorce and family law in Arizona. Their team of experienced attorneys provides practical solutions to complex legal issues, helping families resolve disputes related to parenting, property division, child support, and more. De Novo Law understands that disputes concerning children are particularly challenging and require a specialized approach, which is why they have a team of attorneys dedicated to family law issues.

Understanding Legal Decision-Making in Arizona

Legal decision-making is a term used in Arizona to refer to what is commonly known as legal custody in other states. Legal decision-making is the right and responsibility to make major decisions concerning the child's welfare, including education, health care, and religious upbringing. Under Arizona law, legal decision-making can be awarded to one or both parents. When both parents have legal decision-making, they share the authority to make major decisions about their child's welfare. In contrast, when one parent has sole legal decision-making, they have the right to make major decisions unilaterally.

According to ARS §25-403, the court may award legal decision-making to one or both parents based on the best interests of the child. The court may also designate which decisions are subject to joint or sole legal decision-making. In cases where parents share legal decision-making, both parents must agree on major decisions, including education. Consequently, one parent cannot make decisions without the other's consent. In cases where one parent has sole legal decision-making, they have the right to make decisions concerning the child's education without the other parent's input. However, such decisions can be challenged in court if they are not found to serve the child's best interest.

How De Novo Law Can Help with School Disputes

When co-parents disagree about their child's education, the consequences can be serious. Education is a critical aspect of a child's welfare and a parent's involvement in their child's education is paramount. If you disagree with your co-parent about a significant education decision, De Novo Law can help to resolve the disagreement. Their team of attorneys can help you navigate the legal process, determine whether you have legal standing to request court intervention, and prepare your case for a hearing. In most cases, the court may order mediation before a hearing to encourage resolution of disagreements between co-parents without the need for a formal hearing. If mediation fails, the court may hold a hearing to determine the best course of action for the child's welfare.


Disagreements between co-parents regarding their child's education can be a challenging issue to navigate. However, with the help of De Novo Law, parents can resolve these disputes and ensure that their child's best interests are served. By understanding legal decision-making in Arizona, parents can better understand the legal rights and responsibilities required of them. When disputes arise, De Novo Law can provide solutions and help parents navigate the legal system to find a resolution that benefits everyone involved.

School Disagreements With Your Ex? De Novo Law Can Help-School,De

Saturday, February 17, 2024

Refusing to Show Your ID to an Officer: Understanding the Legal Repercussions in Arizona

Investigative Article

The Legal Implications of Refusing to Show an Officer Your ID

It's a situation that we've all likely encountered at some point in our lives: being stopped by a police officer and asked to provide identification. But what happens when you refuse to show an officer your ID? In Arizona, the consequences can be severe.

The "Stop and Identify" Statutes

Under Arizona law, individuals have a legal obligation to identify themselves to a police officer if they have been stopped under circumstances that reasonably suggest criminal activity is afoot. This is known as the "Stop and Identify" statute. Failure to comply with this statute can result in legal consequences.

Legal Repercussions

Refusing to show an officer your ID can lead to charges of obstructing a public thoroughfare or obstructing governmental operations, both of which are categorized as misdemeanors in Arizona. These charges can carry fines and potential jail time, depending on the severity of the offense.

In addition to the legal repercussions of refusing to show your ID, there can also be consequences for your legal standing. A refusal to provide identification to a police officer can make it much more difficult for you to defend yourself if you are later charged with a crime.

Exceptions to the Rule

It's worth noting that there are some exceptions to the "Stop and Identify" statutes. For example, individuals who are not suspected of a crime are not generally required to identify themselves to a police officer. Additionally, individuals who are unable to provide identification due to a disability, language barrier, or other legitimate reason are usually not subject to these statutes.

Know Your Rights

Given the potential legal consequences of refusing to show an officer your ID, it's important to understand your legal rights in these situations. If you have been stopped by a police officer and asked to provide identification, it may be in your best interest to comply with the request.

At the same time, however, it's also important to remember that you have the right to remain silent and to consult with an attorney if you are charged with a crime. If you do find yourself in a situation where you are being questioned by a police officer, it's often a good idea to politely decline to answer any questions until you have spoken with an attorney.


Refusing to show an officer your ID may seem like a harmless act of defiance, but in practice, it can have serious legal consequences.

By understanding your legal rights and being aware of the potential repercussions of your actions, you can make informed decisions in these situations and protect yourself from unnecessary legal trouble.


Sunday, February 11, 2024

Gang Related Charges: Phoenix Criminal Defense Lawyer

Investigative Article: Uncovering the Truth About Gang-Related Charges in Arizona

Gang-related charges are not to be taken lightly, as the consequences can be severe. In Arizona, being affiliated with a gang can result in harsh penalties, including imprisonment and hefty fines. Gangs are often associated with criminal activity, violence, and intimidation, which is why the state has taken a strong stance against them.

What is Considered Gang Affiliation in Arizona?

Arizona law defines a criminal street gang as "a formal or informal ongoing organization, association, or group that has at least one primary activity that is the commission of one or more of the criminal offenses." A person is considered to be affiliated with the gang if they participate in the gang's activities or have been identified as a gang member by a reliable source.

What are the Threat and Intimidation Laws in Arizona?

Threats and intimidation are prevalent in gang-related activities. Arizona law prohibits threats and intimidation against witnesses, victims, or law enforcement officers. If you are accused of making threats or engaging in intimidation, you could face serious charges and penalties.

What is the Difference Between a Gang and a Criminal Syndicate?

While gangs and criminal syndicates share similar characteristics such as engaging in criminal activities, they are not the same. A criminal syndicate is an organized group of individuals who engage in criminal activities for profit. They operate in secrecy and have a hierarchical structure. Gangs, on the other hand, may participate in criminal activities, but their primary activity is not necessarily profit-driven.

What Are Defense Strategies For Gang-Related Charges?

If you have been charged with gang-related offenses, there are defense strategies available to you. One approach is to prove that you were not affiliated with the gang. Another strategy is to argue that your actions were not done to promote the gang's criminal activities. A criminal defense lawyer can help you determine which defense strategy is best for your situation.

FAQs on Arizona's Gang-Related Laws

It is natural to have questions about Arizona's gang-related laws, especially if you are facing charges. Some of the most frequently asked questions include:

  • What is the punishment for gang-related activity in Arizona?
  • Can minors be charged with gang-related offenses?
  • What evidence can be used to prove gang affiliation?
  • What is a RICO charge?

How Kolsrud Law Can Help If You've Been Charged

If you're facing gang-related charges in Arizona, you need a criminal defense lawyer on your side who understands the complexities of these cases. The attorneys at Kolsrud Law Offices have extensive experience representing clients in gang-related cases and can help you develop a solid defense strategy. They can also guide you through the legal process and provide you with the support you need during this challenging time.

Don't let gang-related charges ruin your life. Contact Kolsrud Law Offices today for a free consultation.

Gang Related Charges: Phoenix Criminal Defense Lawyer


Friday, February 9, 2024

Understanding Juvenile Crimes in Arizona: Punishments and Defenses

Investigative Article: Shedding Light on Juvenile Crimes in Arizona

It's no secret that the justice system can be complicated, particularly when it comes to cases involving minors. There are often a plethora of questions and concerns that arise from both sides of the aisle. What are the rights of juveniles during an arrest? How does the juvenile court operate in Arizona? When can juveniles be tried as adults?

The Dark Side of Juvenile Crimes in Arizona

Arizona has seen a surge in juvenile crime rates in recent years. According to a report by the Arizona Department of Juvenile Corrections, there were 45,994 referrals for juvenile offenses in 2019 alone. These crimes can range from minor offenses such as shoplifting to more serious crimes like drug possession or assault.

Understanding Juvenile Crimes and Their Punishments

It's important to first understand what constitutes a juvenile crime in Arizona. Juvenile crimes are defined as offenses committed by minors under the age of 18, which would be criminal if committed by an adult. If a juvenile is found guilty of a crime, there are a range of punishments that may be enforced. These may include community service, probation, fines, counseling, or even detention in a juvenile correctional facility.

Breaking Down Juvenile Court in Arizona

Unlike adult criminal proceedings, juvenile court operates on a rehabilitative platform rather than a punitive one. In other words, the goal of the court is to help the minor recognize the error in their actions and make positive changes in their behavior going forward. However, this does not mean that the court takes these crimes lightly. The proceedings can still be quite strict, and can often involve a team of lawyers, social workers, and other professionals working together to provide an effective course of action.

When Can Juveniles Be Tried as Adults?

Sometimes, a crime committed by a juvenile may be considered so severe that they can be tried as an adult. This is called a "transfer motion" and is ultimately decided by the juvenile court judge. In order for a transfer motion to be successful, the prosecution must prove that the juvenile is not amenable to rehabilitation in the juvenile system, and that the severity of the crime warrants adult punishment.

Defenses for Juvenile Crimes

If a juvenile is charged with a crime, there may be a number of defenses that can be used to reduce the charges or have them dropped altogether. Common defenses include lack of intent, mistaken identity, and self-defense. In some cases, a skilled juvenile defense attorney may even be able to negotiate a plea bargain or alternative sentence.

The Role of Parents or Guardians in Juvenile Cases

Parents and guardians have a crucial role to play in juvenile criminal proceedings. They are often involved in the decision-making process, may need to provide additional information about the juvenile's behavior and home life, and may even be required to attend meetings with legal counsel or the court. It's important for parents and guardians to remember that they are not alone in this process, and that there are resources available to help them navigate these difficult situations.

How a Juvenile Defense Attorney Can Help

It's clear that juvenile crimes in Arizona can be complex and emotionally charged situations. That's why it's crucial to have experienced legal counsel on your side. A skilled juvenile defense attorney can provide guidance every step of the way, from advising on the best course of action to negotiating with the prosecution and presenting a solid defense in court. Ultimately, the goal is to minimize the long-term impact of the offense on the juvenile's future.

If you or a loved one is facing charges for a juvenile crime in Arizona, it's important to act quickly and seek legal counsel right away. And remember, there is hope for a brighter future.

Juvenile Crimes in Arizona: Punishments and Defenses

Thursday, February 8, 2024

Phoenix Criminal Defense Lawyer: Gang Related Charges and Laws in Arizona

Feature Article

Arizona has some of the most severe criminal gang laws in the United States. Gang affiliation alone is a crime in the Grand Canyon state. In this article, we will discuss the legal definition of a gang and the consequences of gang-related charges in Arizona. We will also explore the differences between a gang and a criminal syndicate and defense strategies for gang-related charges.

What is a criminal street gang?

Arizona Revised Statutes 13-105 provides a legal definition of a criminal street gang. According to the statute, a criminal street gang is a formal or informal organization that has as one of its primary activities the commission of criminal offenses and that consists of three or more persons who have a common name, identifying sign or symbol, and leadership structure.

The statute also defines a criminal street gang member as any person who meets one of the following criteria:

  • Who actively participates in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity.
  • Who knowingly or recklessly solicits, invites, recruits, encourages or otherwise causes or attempts to cause another person to actively participate in criminal street gang activity.

What are the threat and intimidation laws in Arizona?

In Arizona, it is a crime to intimidate or threaten another person for the benefit of a criminal street gang. Threats and intimidation can include verbal or written communications, gestures, or physical acts. The penalties for threatening or intimidating in Arizona depend on the severity of the crime and whether a weapon was involved.

What is the difference between a gang and a criminal syndicate?

The key difference between a gang and a criminal syndicate is that the latter is organized for financial gain. While gang members may engage in criminal activity for personal gain, criminal syndicates are organized for the sole purpose of making a profit. Criminal syndicates often engage in illegal activities such as drug trafficking, money laundering, and human trafficking.

What are defense strategies for gang-related charges?

If you are facing gang-related charges, hiring an experienced criminal defense attorney is essential. Your attorney will examine the evidence against you and build a defense strategy based on the facts of your case. Defense strategies may include:

  • Challenging the constitutionality of Arizona's gang laws
  • Proving that you were not aware of the gang's criminal activity or that you have left the gang
  • Questioning the credibility of witnesses

FAQs on Arizona's gang-related laws

Here are some frequently asked questions about Arizona's gang-related laws:

What are the penalties for gang-related charges in Arizona?

The penalties for gang-related charges in Arizona depend on the severity of the crime. Gang enhancement charges can add additional years to a sentence, and gang participation charges can result in up to 3.75 years in prison.

Can I be charged with gang affiliation if I am not a member of a gang?

No, you cannot be charged with gang affiliation if you are not a member of a gang. However, if you are charged with gang-related crimes, prosecutors may use evidence of gang affiliation to prove their case.

Is it possible to leave a gang?

Yes, it is possible to leave a gang. However, in some cases, leaving a gang can be dangerous. If you are considering leaving a gang, you should seek the advice of an experienced criminal defense attorney.

What should I do if I am charged with gang-related crimes?

If you are charged with gang-related crimes, you should contact an experienced criminal defense attorney as soon as possible. Your attorney will provide you with legal advice and represent you in court.

How Kolsrud Law can help if you've been charged

At Kolsrud Law, we understand the seriousness of gang-related charges in Arizona. Our experienced criminal defense attorneys will fight for your rights and work tirelessly to achieve the best possible outcome for your case. If you've been charged with gang-related crimes in Phoenix, contact us today for a free consultation.

Gang Related Charges: Phoenix Criminal Defense Lawyer

Wednesday, February 7, 2024

Evidence Used in Domestic Violence Cases: Understanding the Burden of Proof in Arizona

Investigative Article

The Types of Evidence Used in Domestic Violence Cases

Domestic violence is a serious crime that has far-reaching consequences, both for the victim and for the perpetrator. In domestic violence cases, the prosecution's burden of proof is to demonstrate beyond a reasonable doubt that the defendant committed the crime. It is a high standard that requires presenting clear, convincing evidence that leaves no room for reasonable doubt in the minds of jurors. But what exactly constitutes evidence in domestic violence cases? In this investigative article, we will explore the types of evidence used to prosecute domestic violence cases.

1. Testimony

Testimony is one of the most common types of evidence used in domestic violence cases. Testimony is a statement made by a witness under oath, and it can come from the victim, the defendant, or other witnesses who have relevant information about the case. In domestic violence cases, the victim's testimony is often the most critical piece of evidence. The victim's story is used to establish the elements of the crime, including the defendant's intent, the victim's fear, and the defendant's use of force or violence. However, the defendant can also provide testimony, which can be used to challenge the victim's account or provide an alternative explanation for the events that occurred.

2. Physical Evidence

Physical evidence can also be crucial in domestic violence cases. Bruises, cuts, and other injuries can provide compelling evidence of violence. Photographs of the victim's injuries can also be used in court to demonstrate the extent of the harm caused by the defendant. Physical evidence can be especially useful in cases where the defendant denies committing the crime or claims that the victim's injuries were the result of an accident rather than intentional violence.

3. Medical Records

Medical records can provide additional evidence in domestic violence cases. If the victim sought medical treatment for their injuries, the records could be used to corroborate their testimony. Medical records can also establish the extent of the victim's injuries and provide evidence of any ongoing medical treatment needed. In cases where the defendant denies that violence occurred, medical records can be powerful evidence to show that the victim's injuries were not accidental.

4. Witness Testimony

Witness testimony from individuals who observed the events can also provide valuable evidence in domestic violence cases. Witnesses can provide insight into what occurred, including the defendant's actions, the victim's reaction, and any statements made by either party. In some cases, witnesses may have observed prior incidents of violence that can establish a pattern of behavior by the defendant. Witness testimony can also be used to challenge the victim's account or provide additional evidence that supports it.

5. Audio and Video Recordings

Audio and video recordings can be powerful evidence in domestic violence cases. Recordings of the defendant's voice or actions can provide a clear demonstration of intent or violence. In some cases, recordings made by the victim can capture the events as they occurred and provide a clear view of what transpired. Audio and video recordings can be especially useful in cases where the defendant claims that violence did not occur or that the victim's injuries were the result of an accident.

6. Written Evidence

Written evidence can also be used in domestic violence cases. This can include text messages, emails, social media posts, or any other written communication that may be relevant to the case. Written evidence can provide insight into the defendant's intent or state of mind and can be used to establish a pattern of behavior that supports the victim's account of events. Written evidence can also be used to challenge the victim's account or provide an alternative explanation for what transpired.

7. Expert Testimony

Finally, expert testimony can be used in domestic violence cases. Experts who specialize in areas such as forensic analysis, domestic violence, or psychology can provide valuable insight into the events that occurred. Forensic experts can analyze physical evidence, such as DNA or fingerprints, to provide additional evidence. Domestic violence experts can provide insight into the dynamics of abusive relationships and how they can impact victims. Psychologists can provide insight into the defendant's mindset and any underlying psychological issues that may have contributed to the violence.

In conclusion, domestic violence cases rely on a variety of evidence types to establish the defendant's guilt beyond a reasonable doubt. Testimony from the victim, physical evidence, medical records, witness testimony, audio and video recordings, written evidence, and expert testimony can all be used in combination to build a strong case against the defendant. With the help of competent attorneys and the right evidence, domestic violence victims can receive the justice and protection they need and deserve.

Learn more about domestic violence cases and the types of evidence used by visiting Arizona Domestic Violence Attorney - Evidence in Domestic Violence Cases.


Tuesday, February 6, 2024

Establishing Sole and Separate Property in Arizona: A Guide to a Fair Division of Assets

Feature Article: How Distinguishing Separate Property from Marital Assets Works in Arizona

Marriage is a beautiful union, full of love and companionship. However, it also involves legal obligations, one of which is community property. Community property laws in Arizona imply that most property and debts obtained during marriage will be evenly shared between spouses. However, some assets, such as inheritances, gifts, and property owned before marriage, are considered separate property and are not subject to division. Navigating the separation of separate and community property can be a complicated process. This feature article provides a comprehensive guide on how distinguishing separate property from marital assets works in Arizona.

Preparing for Distinction

Establishing separate property in Arizona requires ample preparation. It involves understanding what you owned before marriage, what is a gift or inheritance, and thorough documentation. Additionally, keep things distinct. Avoid mixing up separate and community property funds and avoid joint use of separate property items. For instance, keeping separate and community property accounts separate is a great way to facilitate the process of distinction in case of a divorce.

Good Documentation

Documentation is crucial in establishing separate property. When acquiring separate property, ensure that you have enough evidence to prove it if the need arises. Document each transaction for accurate tracking of the asset. This includes bank statements, receipts, and even photographs or videos. It is essential to ensure that your evidence is reliable in case the court requests it.

Commingled Assets

Commingling assets can be a challenge when distinguishing between separate property and marital assets. Commingled assets are funds generated from property purchases with both separate property funds and marital funds. For instance, using separate property funds to purchase a home and later selling the home and using the money acquired to build a new marital home may lead to future obstacles when distinguishing separate and community property. It's best to trace the funds used to purchase the home to declare it separate.

Gifts and Inheritances

Generally, gifts and inheritances acquired before or while married are separate property. However, these assets can become community property if commingled with them. For instance, if you receive an inheritance, and you place the money in a joint bank account with your spouse, it becomes challenging to distinguish them later. Thus, it's wise to consider keeping these assets in separate accounts in your name alone.

Homestead Exemption

Arizona homestead laws provide a set amount of protection from creditors after declaring a principal residence from 100% to a specific dollar amount. As a married couple, only one of you can declare homestead because a home is considered one tenant coupled; hence, only one exemption applies. However, if one spouse's name is on the property's title, the homestead exemption only applies to the spouse whose name appears on the title deed. It is, therefore, important to know who holds the title and the dynamics of the marriage when applying such laws.

Debts and Liabilities

Debt and liabilities incurred before marriage are typically separate property, while debts incurred during marriage are community property. However, it can be challenging to distinguish between separate debt and community debt if both parties used or benefited from the credit lines. Commingling debt can lead to future problems when determining debt division.

Prenuptial Agreements

Prenuptial agreements, popularly known as prenups, are contracts entered into before marriage and indicate how assets will be divided in case of a divorce. Prenups can list separate property assets and leave them to the original owner, even after marriage. It's important to note that prenups can't deprive spouses of their right to equitable distribution. Still, they can be used to distinguish your assets and complement other measures to secure your separate property.


Distinguishing separate property from marital assets is a complex process that requires enough preparation and documentation to ensure that the rightful owner retains their assets and debts. Good record-keeping, prenuptial agreements, and avoiding commingling separate and community property go a long way in facilitating the process and making it clear cut. Should you have any queries about establishing separate property in Arizona, reach out to the legal experts at De Novo Law Firm.

For more information, Visit Arizona's community property laws dictates


Monday, February 5, 2024

Enforcing Child Custody Orders: Seeking a Contempt Hearing when Ex Violates – What to Do

How to Handle a Violation of Child Custody Order: Seeking Contempt Hearing


Child custody orders are legal agreements established by the court and expected to be followed by both parents. These orders are essential in protecting the child's best interests and ensuring they maintain a healthy relationship with each parent. However, violations of child custody orders do occur, and they can negatively impact the child's life and that of the custodial parent. When traditional remedies fail to resolve a violation, a contempt hearing may be necessary. This article will cover what constitutes a violation of a child custody order, steps to take when seeking a contempt hearing, and the potential outcomes.

What is a violation of a child custody order?

A violation of a child custody order occurs when one parent fails to comply with the terms of the agreement set out by the court. Violations can take many forms, including:
  • Failing to arrive at the agreed-upon location to exchange the child
  • Denying visitation rights or access to the child without legitimate reason
  • Visiting or making contact with the child outside the designated times or locations
  • Removing the child from the state or country without the custodial parent's permission
Under such circumstances, the aggrieved party can take legal action to enforce the agreement and protect both their interests and the child's best interests.

Steps to take when seeking contempt hearing

When traditional remedies, such as communication and mediation, fail to resolve a violation, the next step is usually to seek a contempt hearing. Here are the steps you should consider when seeking a contempt hearing.

Document the Violation

The success of a contempt hearing largely depends on the evidence presented by the aggrieved party. It is essential to document all violation instances that have occurred and produce them as evidence in court. Gathering evidence may include:
  • Saving text messages or emails between you and your co-parent discussing the agreement's terms
  • Record visitation times and any missed visits
  • Preserve voicemails or record phone conversations if you suspect your co-parent may deny access to the child
  • Gather any witness accounts from people present during a violation

Filing a motion for contempt

Once you have gathered substantial evidence, the next step is to file a motion for contempt with the same court that issued the original child custody order. Your motion should outline the specifics of the violation, citing dates, times, and locations where the custody order was breached. Ensure that all details are included in the motion to give the court a complete picture of the situation.

Attend a hearing

If the court accepts your motion, it will set a hearing date. During the hearing, you will have the chance to present your evidence and explain how the violation impacts the child's welfare. It is best to engage a qualified family attorney to help you prepare your arguments and evidence to increase your chances of getting a favorable outcome.

Potential outcomes of contempt hearing

The court's decision on contempt hearing varies depending on the severity of the violation and the underlying circumstances. The possible outcomes include:

Makeup parenting time

If the violation is minor, the non-compliant parent may be ordered to make up for missed visits or granted additional parenting time to compensate for time lost.

Monetary Penalties

Another possible outcome is that the court may issue monetary penalties on the non-compliant parent. This can include fees to compensate for legal fees or financial losses incurred due to the violation.

Attendance to Parenting Classes

The non-compliant parent may also be mandated to attend parenting classes, individually or co-parenting classes, to educate them about the importance of adhering to the child custody order.


In severe cases, the court may determine that incarceration is necessary to punish the violating parent. However, this is rare and may only occur if there is evidence of repeated and willful violations.


A violation of a child custody order can be distressing for both the custodial parent and the child. If traditional remedies, such as communication and mediation, fail to resolve the issue, a contempt hearing may be necessary. It involves documenting the violations, filing a motion for contempt, and attending a hearing. The possible outcome of a contempt hearing includes makeup parenting time, monetary penalties, attendance to parenting classes, and in rare cases, incarceration. Seeking legal counsel from a qualified family attorney can increase your chances of getting a favorable outcome during the contempt hearing. To learn more about how to handle a violation of child custody order, visit De Novo Law Firm.

Tuesday, November 28, 2023

Holiday DUI Defenses: Protect Yourself from Arizona's Heightened DUI Risk This Season

Feature Article: Combating Holiday Drinking and Driving

The holiday season is often referred to as the most wonderful time of the year. However, it can also be one of the most dangerous times of the year for drunk driving accidents. According to the National Highway Traffic Safety Administration, drunk driving fatalities increase during the holidays. This trend is concerning and emphasizes how important it is to take measures to prevent the occurrence of these accidents.

The Statistics

The Thanksgiving period alone saw 323 DUI arrests in Arizona, highlighting the need for increased vigilance during the holiday season. Law enforcement agencies across the country have started intensifying their DUI patrols and checkpoints during this time, confirming the heightened risk of drunk-driving accidents during this season.

The Consequences

The consequences of a drunk driving accident can be devastating for both the victim and the offender. The physical injuries that a victim may suffer can be life-altering, and the financial burdens can be incredibly overwhelming. For the offender, a DUI conviction can lead to a criminal record, fines, license suspension or revocation, and even prison time.

The Challenging Legal Process

If you are facing DUI charges, defending yourself can be an uphill battle, especially if you don't have legal representation. DUI laws are complex and can be challenging to navigate. Securing skilled legal representation can be the difference between receiving a lesser sentence and facing full brunt of the law.

The Importance of Hiring a DUI Attorney

To ensure that you receive the best possible outcome in your DUI case, it's crucial to hire a competent DUI attorney. With vast experience in Arizona's DUI laws, Arja Shah Law offers guidance and defense for individuals facing DUI charges. The attorneys at Arja Shah Law understand that a DUI case can be deeply stressful, and the firm utilizes its combined knowledge and expertise of Arizona's DUI laws to minimize the stress of the proceedings while protecting your legal rights.

Proactively Combatting Drunk Driving

The responsibility of preventing drunk driving rests heavily on all drivers. Initiatives such as safe ride-sharing services can help prevent drunk driving, allowing you to get home safely without having to get behind the wheel while inebriated. Hosting parties should also follow safe guidelines, ensuring guests have designated drivers who are not drinking and have arranged alternate modes of transportation.

Dispelling DUI Myths

DUI laws are complex and often filled with myths regarding the consequences of a conviction. One of the most common DUI beliefs is that a lesser Blood Alcohol Content (BAC) level guarantees immunity from DUI charges. Unfortunately, BAC levels are just one of many steps law enforcement agencies take when determining a DUI charge. Another myth is that you can avoid DUI charges by using a breathalyzer or having a sober friend blow into it for you. Judges will look to blood and urine tests that are administered by qualified professionals to determine the BAC levels, and attempting to manipulate such tests will only lead to significant legal dramas.

Enlisting the Assistance of Arja Shah Law

Hiring an experienced and skilled attorney who is well-versed in Arizona’s DUI laws is essential when facing DUI charges. At Arja Shah Law, we understand the complexities of Arizona's DUI laws and provide the guidance and counsel necessary for individuals facing these serious charges. With our in-depth understanding of the legal system, we can offer the support and knowledge necessary to lessen your stress during a difficult and trying time.

If you are facing DUI charges in Arizona, it is important to understand the consequences and the legal process ahead. Retaining a competent DUI attorney, such as Arja Shah Law, can have a significant impact on your case's outcome. Don't hesitate to contact us at (602) 560-7408 to discuss your case and schedule a consultation.

Holiday Drinking and Driving-DUI