Domestic Violence Case Complexity

Summary

The user is facing domestic violence charges in Arizona, despite claiming to be the victim. She used force in self-defense against her boyfriend and later assaulted his roommate out of frustration. She has audio evidence of her boyfriend threatening her, but her phone containing the evidence was allegedly stolen by her boyfriend. She is considering accepting a plea deal but is also contemplating reporting the theft of her phone to the police. She has expressed fear of further legal consequences due to the assault on the roommate. She is seeking legal advice and representation but is struggling due to financial constraints and the loss of her phone.

Full Conversation

I am facing domestic violence charges. And I am the victim. I believe I received the charge because I left the scene.
Did you report the incident to the police?

In Nevada, leaving the scene of a domestic violence incident doesn't automatically result in charges. It's important to report the incident to ensure your safety.
No I was arrested and charged with domestic violence.
What were the circumstances leading to your arrest? In Nevada, domestic violence charges can result from physical harm, threats, or harassment.
My boyfriend choke me threw me to the ground and hit me. While I was on the ground there I picked up a can of starting fluid and as I got up and started walking to my vehicle as he yelled that I needed to leave he started approaching me again at a very fast pace and so I turned around and sprayed him with the starting fluid. I use the entire can spring it at him because he wouldn't stop coming at me but I was able to get in my vehicle start it and leave
Did you have any witnesses or any evidence to support your claim of self-defense?

In Nevada, self-defense can be used as a legal defense in domestic violence cases if you reasonably believed you were in imminent danger.
Yes. I have a phone that has an audio recording of the entire incident. And our leading up to and * hours after I left. Also he wouldn't give me my phone after he attacked me I told him I need to get my phone out of the house so I can call the cops and he he wouldn't let me go back in the house to find my phone.
Did you manage to retrieve your phone with the audio recording? In Nevada, evidence like this can be crucial in proving self-defense in domestic violence cases.
As a matter of fact I was able to retrieve it. But 3 days ago he stole it. And he won't give it back to me I am sure that he's the one that had my phone because his roommate told me that she gave it to him.
Did you report the theft of your phone to the police? In Nevada, theft is a crime and can be reported to local law enforcement.
No. I plan to. But I am afraid of getting arrested when I do.
What makes you afraid of getting arrested when you report the theft?
I hit his roommate in the face last night.
What led to the incident where you hit his roommate?
I went over there because he said he would fix my vehicle. We went inside the house because I said I needed to get my phone. And she kept telling me that my phone's not there. And I told her well you don't know where my phone is. Unless you moved it then my phone is here let me go grab it. It wasn't there where I left it I showed where I left it to both my boyfriend and to his roommate and they proceeded to verbally attack me tell me that I was lying and that I never even had my phone there. But she had already previously told me that she had it and gave it to him. But when she wouldn't say that in front of him I became upset and Confused. I demanded she go in her room and get my phone. She proceeded to go and unlock her door to get into her room to go grab my phone. While still saying that my phone was no longer at the house. Then I hit her in the face
Did you hit her in self-defense or was it out of frustration?
I assulted her.
What were the consequences after you assaulted her? Did she report it to the police?
Yes out of frustration
Did she report the assault to the police?
Why I'm afraid to go report my phone stolen. I don't know if she has.
Did you receive any communication from the police or any legal notice after the incident with the roommate?
She went in the room grabbed my new phone and handed it to me. By then my boyfriend had left in his vehicle. I stayed and spoke with her for a minute and asked her why she's not telling the truth in front of him when she already told me the truth. And I asked her to call him and bring my phone back. She refused so I left
Did you physically harm her in any way that could be considered assault under Nevada law?
No I have not received any kind of notice this happened just this morning at maybe *:* or *:* a.m.. it is now *:*
Did you leave any marks or cause any injury when you hit her?
I'm in Arizona but I'm very sure that yes I will be charged with assault for that. Her face was very swollen and she was bleeding in her mouth and it was getting obviously difficult for her to speak because her mouth was so swollen.
What is your current location in Arizona? It's important to know your jurisdiction for accurate legal information.
Payson Gila County
What is the current status of your domestic violence case in Nevada?
I have no cases in nevada. Only in Arizona
What is the status of your domestic violence case in Arizona?
I have court on the 23rd to accept a plea or take the trial
What are the terms of the plea deal you've been offered?
Probation for a year domestic violence classes and I believe a $* fine.
What is your decision regarding the plea deal - are you considering accepting it or going to trial?
Well now since I actually have assaulted somebody I'm thinking that the plea offers looking pretty good. However I am the victim in this. I'm the one who was assaulted and I had my phone stolen the only way that I have to contact anybody or get used by credit cards or get on any of my accounts is through that phone
Have you considered seeking legal representation to help you navigate these complex issues?
That's why I'm here talking with you I was hoping I could get some advice or numbers for lawyers I can't do anything without my phone I can't sign into my accounts so I can make money I work for myself so I find my own work and I have no other way to get into my my social media accounts I have no other way to get into my credit cards my bank account my contacts. I just don't know how to do this cuz I can't afford a lawyer
What evidence do you have to prove that your phone was stolen?
The roommate told me that she had it and she gave it to my boyfriend
What actions have you taken to retrieve your phone from your boyfriend?
I repeatedly asked him and I told him that she already told me that she gave it to him. But he denies ever having seen it or seeing me with it. He says he's never seen my phone
Have you considered reporting the theft to the police and providing them with the information about your boyfriend and his roommate? In Nevada, theft is a crime and can be reported to local law enforcement.
I plan to
What is the current status of your relationship with your boyfriend? Are you still living together or have you separated?
We don't live together I stay the night with him sometimes and he comes and stays the night with me sometimes. Sometimes also I ride with him in his vehicle or or we go out together in separate vehicles. A lot of our work is out in the woods so that's we go meet in the woods to cut for firewood or any of our other activities we've done together for years
What steps have you taken to ensure your safety given the history of violence in your relationship?
I audio record on my phone all the time I keep it near me at all times in case I need to call the cops.
What steps have you taken to ensure your safety given the history of violence in your relationship?
In the past I've tried getting a restraining order against him but cops never show up if he is at my house. Nothing I do really matters. I've tried talking with him I've tried setting boundaries. I've tried moving out of state. But he always finds me he doesn't acknowledge boundaries or restraining orders. He acts Above the Law and the law doesn't do anything about it
Have you considered seeking help from a local domestic violence shelter or hotline? They can provide resources and support to help you navigate this situation.
Yes I did that on my phone as a matter of fact that's the last thing I did on my phone. Was I was on the National Domestic Violence Hotline chatting with the representative and getting phone numbers and websites to call and contact. And I called and contacted and visited websites and nothing LED me too find an attorney or any legal advice even
What specific legal advice are you seeking? In Nevada, victims of domestic violence can seek protective orders, and theft should be reported to the police.
Basically I guess if the audio evidence I have is even worth submitting to the court.
What is the content of the audio evidence? In general, audio evidence can be very useful in court, especially in cases involving domestic violence.
My boyfriend repeatedly threatening to choke me
Did you inform the police about these threats when you reported the domestic violence incident?
I didn't have a chance to ever report my side of the incident. I was just picked up arrested and thrown in jail
What is the status of your case now? Are you out on bail or have you been released on your own recognizance?
Bail.
What is the amount of your bail? In Nevada, bail amounts can vary depending on the severity of the charges and the defendant's criminal history.
$*
What is the name of the court handling your case in Arizona?
Payson Justice Court I believe. Judge Garvin
Payson Justice Court is located at * S Beeline Hwy, Payson, AZ *. You can contact them at (*) *-*. Please consult with a lawyer for your case.