Domestic violence is abuse, or threatened abuse, when the person being abused and the abuser are in an intimate relationship, or have been in the past. Such relationships include marriage, dating relationships, living together, having a child together, or being closely related by blood or marriage. Domestic violence can include intentionally or recklessly hurting someone, sexual assault, putting someone in fear for their safety or the safety of loved ones or pets, or harassment and stalking.
Bear in mind that “abuse” is not only physical. It can be verbal, emotional, or psychological. Abuse is about control and power, so abusers often try to limit their victims’ freedom to come and go as they please, their financial resources, and their relationships with family and friends.
Arizona Legal Help for Victims of Domestic Violence
Arizona offers legal help and protection for victims of domestic violence. You are eligible for a protective order if you have a close relationship with someone and that person has abused or threatened to abuse you.
If you are in immediate danger, call 911. When the police arrive, tell them what happened. An Emergency Order of Protection (EOP), can possibly be granted to you immediately after you describe the event to the police. An order of protection legally requires the abuser to stop contacting you and to stay a certain distance away from you. The court can also include other instructions and requirements that it believes are necessary for your protection. An emergency order of protection is only effective until the close of the next judicial business day unless the court states otherwise on the order.
If you need the protection of the order to be extended, you must seek an order of protection by filing a request for the order in court during normal business hours. This is done by filling out a written petition. You may also include any evidence you want the court to consider when deciding on whether to grant your petition. If granted, the protective order becomes effective as soon as your abuser is served with a copy. Again, you can request that the police serve the order for you for free.
The order of protection is valid for one (1) year from the date of service. The abuser has the right to request a hearing with the court at any time while the order is effective. If the court grants the request for a hearing, you must attend to help protect the validity of your order. Always keep a copy of your order of protection on you.
At Shaffer Family Law, we have worked with many women and men who have experienced abuse, and we can help you understand your rights and assist you in obtaining a protective order.
How Domestic Violence Affects Your Arizona Family Law Case
As family law attorneys, we know how domestic violence can complicate an Arizona divorce or child custody case. If you are involved in a family law case with your abuser, domestic abuse will have an impact on the outcome of that case. The attorneys at Shaffer Family Law can make sure that the court understands the nature of the abuse and how it should impact the court’s decision.
The Arizona legislature has recognized the damage caused to children who are exposed to domestic violence. Specifically, the Arizona Revised Statute 25-403.03 concerning Domestic Violence and Child Abuse states:
A. Notwithstanding subsection D of this section, joint custody shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.
B. The court shall consider evidence of domestic violence as being contrary to the best interests of the child. The court shall consider the safety and well-being of the child and of the victim of the act of domestic violence to be of primary importance. The court shall consider a perpetrator’s history of causing or threatening to cause physical harm to another person.
C. To determine if a person has committed an act of domestic violence the court, subject to the rules of evidence, shall consider all relevant factors including the following:
- Findings from another court of competent jurisdiction.
- Police reports.
- Medical reports.
- Child protective services records.
- Domestic violence shelter records.
- School records.
- Witness testimony.
D. If the court determines that a parent who is seeking sole or joint legal decision-making has committed an act of domestic violence against the other parent, there is a rebuttable presumption that an award of sole or joint legal decision-making to the parent who committed the act of domestic violence is contrary to the child’s best interests. This presumption does not apply if both parents have committed an act of domestic violence. For the purposes of this subsection, a person commits an act of domestic violence if that person does any of the following:
- Intentionally, knowingly or recklessly causes or attempts to cause sexual assault or serious physical injury.
- Places a person in reasonable apprehension of imminent serious physical injury to any person.
- Engages in a pattern of behavior for which a court may issue an ex parte order to protect the other parent who is seeking child custody or to protect the child and the child’s siblings.
E. To determine if the parent has rebutted the presumption the court shall consider all of the following:
- Whether the parent has demonstrated that being awarded sole or joint legal decision-making or substantially equal parenting time is in the child’s best interests.
- Whether the parent has successfully completed a batterer’s prevention program.
- Whether the parent has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate.
- Whether the parent has successfully completed a parenting class, if the court determines that a parenting class is appropriate.
- If the parent is on probation, parole or community supervision, whether the parent is restrained by a protective order that was granted after a hearing.
- Whether the parent has committed any further acts of domestic violence.
With regard to parenting time, Arizona courts are required to grant visitation to a parent unless there is evidence that it would not be in a child’s best interests. When domestic violence has occurred, a court may choose to order supervised visitation or in some cases, withhold visitation altogether.
At Shaffer Family Law, we understand how difficult your situation is. You can rely on us to listen to you, inform you, support you, and advocate for you and your children.
Domestic Violence Attorneys in the Valley and the Surrounding Communities
The attorneys of Shaffer Family Law represent clients in Arizona domestic violence matters in Chandler, Gilbert, and the surrounding communities, including Pinal, Pima, Yavapai and Coconino Counties. Contact Shaffer Family Law online or call (480) 470-3030 today to discuss how we can help you.