How Does Domestic Violence Affect Custody in Arizona?

Domestic violence is one of the most serious issues a family court can face. If domestic violence has occurred in your relationship, whether you are a survivor or you are concerned about false allegations, it is critical to understand how Arizona law addresses it in the context of custody.

Arizona Takes Domestic Violence Seriously

Under A.R.S. § 25-403.03, if a court finds that domestic violence has occurred, there is a rebuttable presumption that awarding sole or joint legal decision-making to the abusive parent is contrary to the best interests of the child. In plain English: if domestic violence is proven, the abusive parent starts at a significant disadvantage when it comes to custody.

This presumption can be overcome, but it requires the abusive parent to demonstrate, among other things, that they have completed a domestic violence offender treatment program, that they are not a danger to the child, and that the best interests of the child are served by awarding them decision-making authority. That is a high bar.

What Counts as Domestic Violence?

Under Arizona law, domestic violence includes physical violence, but it is broader than most people realize. It also includes threatening or intimidating behavior, harassment, stalking, and emotional abuse. It does not have to result in an arrest or criminal conviction to be relevant in a family court proceeding.

How Does the Court Evaluate Domestic Violence Claims?

The Court looks at a variety of evidence, including police reports, orders of protection, medical records, witness testimony, and the parties' own accounts. The Court will also consider whether the violence occurred in the presence of the children, and whether the children were directly affected.

Importantly, the Court also considers whether domestic violence allegations are being made in good faith or as a litigation tactic. False allegations are taken seriously and can significantly damage the credibility of the parent making them.

What About Supervised Parenting Time?

When a Court finds that domestic violence has occurred, it may order that the abusive parent's parenting time be supervised. Supervised parenting time means that a third party, either a family member approved by the Court or a professional agency, must be present during all visits. The Court may also impose other conditions, such as completion of a domestic violence treatment program, before unsupervised parenting time is restored.

If You Are a Survivor

If you have experienced domestic violence, documenting everything is critical. Keep records of incidents, save communications, and report to law enforcement when it is safe to do so. An order of protection can also be an important tool in a custody case.

If You Are Facing False Allegations

False allegations of domestic violence do occur, and they can have serious consequences in a custody proceeding. If you are facing allegations you believe are untrue, it is essential to retain experienced legal counsel immediately. Your response to those allegations, and the evidence you present, can make all the difference.

Talk to a Family Law Attorney

Domestic violence issues in custody cases are among the most complex and high-stakes matters in family law. Contact us today to schedule a confidential consultation.