In a case involving domestic violence, can the case be heard in a different state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In a case involving domestic violence, can the case be heard in a different state?
My ex-wife and I got into a physical altercation on Halloween night in TN. We are redidents of AZ and duringTthanksgiving she filed the charge in the AZ court. Can that be done?
Asked on December 7, 2010 under Criminal Law, Utah
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your wife can file charges or request charges be filed anywhere. Whether the court or prosecution will agree to jurisdiction is a different issue. The altercation occurred in Tennessee while you are both residents of Arizona. Any number of scenarios can occur, including allowing personal jurisdiction in Arizona and applying Tennessee criminal law. Consult with your attorney because it sounds as if this matter could turn into a serious situation, including its eventual impact on your criminal record, credit report and marriage.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.