Domestic Violence (DV) Trials

A domestic violence (DV) offense is tried to a judge, not a jury. The judge presides over the case and makes legal rulings. The judge also reviews the facts of the case and determines if the defendant is guilty.

As the victim, you have the right to be present in the courtroom throughout the entire trial.

Per A.R.S. § 13-4401.19 "Victim" means a person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the person's immediate family or other lawful representative, except if the person is in custody for an offense or is the accused.

Per A.R.S. § 13-4401.6 "Criminal Offense" means conduct which gives a peace officer or prosecutor probable cause to believe that a felony or that a misdemeanor involving physical injury, the threat of physical injury or a sexual offense has occurred.

The Subpoena

If the defendant does not enter a plea of guilty, the case will be set to trial and you will receive a subpoena in the mail.

A subpoena is a court order requiring your appearance. The date, time and location of your court appearance will be printed on the subpoena. It is important that you phone 602-262-7061 after 3:00 pm the afternoon before your scheduled appearance. This allows us to keep you informed of any changes to the trial schedule.

The Trial Process

The Day of the Trial

On the day of trial, go to the courtroom indicated on the subpoena. The clerk at the information booth in the lobby can help direct you to the correct courtroom. The court may set more than one trial on its calendar so there may be other witnesses in the courtroom.

Once in the courtroom, the prosecutor will meet with you and discuss your testimony. You will have the opportunity to ask any questions that you may have. The trial will be held after meeting with the prosecutor. Trials typically last 1 – 2 hours. An advocate can also attend court with you. To arrange for an advocate escort, call 602-261-8192.

Victim Interview Rights

Victims have the right to refuse an interview with the defendant or the defense attorney. If the defense requests an interview, you may Refuse to be interviewed, or be interviewed, or be interviewed, with another person of your choosing present.

Your Testimony

	Above all, you must tell the truth. The prosecutor will ask you a series of questions. Listen closely and give an honest answer. If you don’t know, it’s appropriate to say “I don’t know.” If you don’t remember, simply say “I don’t remember.”
	After the prosecutor asks questions, the defendant or the defense attorney may ask questions. Again, listen to the questions and give an honest answer. Court rules will prevent defense attorneys or the defendant from yelling or badgering you.
	The prosecutor can follow up with additional questions, after the defense, to allow you the opportunity to further explain or clarify.

After opening statements, the State must present evidence supporting each charge beyond a reasonable doubt. This will require your sworn testimony. Even though you told the officer what happened, court rules require you to tell the judge what occurred. During your testimony, you’ll be asked questions about the date of the violation. At sentencing, you can expand upon this and tell the judge about other incidents of violence.

There may be other witnesses who will testifying during the State’s case. Some witnesses may be police officers or civilian witnesses.

Last year the Prosecutor’s Office assisted over 11,000 victims and approximately 5,600 were victims of domestic violence.

Once the prosecution has presented all the State’s evidence, the defense may call witnesses or do nothing at all. The defendant is not required to testify. Closing arguments are held after all the evidence is presented. The judge will then decide if the defendant is guilty.

Domestic Violence Offenses

• Dangerous Crimes Against Children
• Endangerment
• Threatening or Intimidating
• Assault and Aggravated Assault
• Custodial Interference
• Unlawful Imprisonment
• Kidnapping
• Trespass
• Criminal Damage
• Interfering with Judicial Proceeding
• Disorderly Conduct
• Phone Threats
• Harassment and Aggravated Harassment
• Stalking
• Child or Vulnerable Adult Abuse

As the victim, you have the right to be present in the courtroom throughout the entire trial. You may wish to leave after your testimony. If so, the prosecutor will ask the judge to excuse you and will notify you of the verdict and, if guilty, a sentencing date. However, sentencing most often happens immediately after the trial. As the victim, you have the right to be heard at sentencing.

For further questions about your rights as a victim or the trial process, you can contact the Phoenix Victim Services Unit at 602-261-8192.

Last year over 2,300 domestic violence charges were set to trial in the Phoenix Municipal Court