In a case involving domestic violence, can the case be heard in a different state?

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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 10 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. 


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