Domestic violence can have an immediate impact on child custody, parenting time, and legal decision-making in Arizona. Courts may issue protective orders, restrict a parent’s contact with their children, or limit parental rights while a family law case is pending. At Cohen Family Law, we represent parents and spouses throughout the Phoenix area who need help obtaining or defending against Orders of Protection and resolving custody disputes involving domestic violence. Whether you are seeking protection for your family or responding to allegations, we will help you protect your rights and pursue a resolution that serves your children’s best interests.
What Sets Cohen Family Law Apart
Domestic violence cases often move quickly and can affect every aspect of a family law matter. Families choose our firm because we offer:
- Decades of Arizona family law experience. Mitchell E. Cohen has represented Arizona families since 1982 and has handled thousands of family law matters, including complex custody disputes involving domestic violence.
- Prompt action when timing matters. Emergency hearings and protective orders often require immediate attention, and we are prepared to act quickly.
- A coordinated legal strategy. We address domestic violence issues alongside divorce, custody, parenting time, child support, and other related matters.
- Compassionate, practical guidance. We understand the emotional nature of these cases and provide honest advice tailored to your circumstances.
- Direct communication. You’ll work with an attorney who understands your case and keeps you informed throughout the process.
What Counts as Domestic Violence Under Arizona Law?
Arizona law defines domestic violence broadly. It includes offenses such as assault, threats, harassment, stalking, intimidation, criminal damage, and other qualifying acts committed between people who have a specified relationship, including spouses, former spouses, people who share a child, family members, or current or former household members.
A single incident may qualify as domestic violence. Whether conduct falls within Arizona’s domestic violence laws depends not only on what occurred but also on the relationship between the parties.
How Does Domestic Violence Affect Child Custody in Arizona?
Arizona courts must consider domestic violence when determining legal decision-making and parenting time. If the court finds that a parent committed significant domestic violence or has a significant history of domestic violence, Arizona law creates a rebuttable presumption that awarding sole or joint legal decision-making to that parent is not in the child’s best interests.
Depending on the facts of the case, the court may:
- Award sole legal decision-making to the other parent.
- Require supervised parenting time.
- Limit or condition parenting time.
- Order counseling, treatment, or other requirements before expanding parental access.
Every case is different. The court evaluates the evidence, the severity of the alleged conduct, the child’s safety, and other factors before entering custody orders.
What Is an Order of Protection?
An Order of Protection is a civil court order intended to protect someone from domestic violence or the threat of domestic violence. In many situations, a judge can issue an order the same day the request is filed.
An Order of Protection may prohibit contact, require a person to stay away from certain locations, and restrict firearm possession under certain circumstances. It may also affect parenting arrangements, although ongoing legal decision-making and parenting time issues are often addressed separately by the family court.
Whether you need to request an Order of Protection or respond to one that has been issued against you, having experienced legal guidance can help protect your rights throughout the process.
What Evidence Can Help in a Domestic Violence Custody Case?
Domestic violence cases often involve conflicting accounts of what occurred. Presenting clear, credible evidence can make a meaningful difference in family court.
Helpful evidence may include:
- Police reports
- Medical records
- Photographs
- Text messages or emails
- Witness statements
- Security or body camera footage
- Prior court orders or protective orders
We work with you to gather, organize, and present evidence that accurately reflects your circumstances and supports your position before the court.
What Should You Do if You’ve Been Accused of Domestic Violence?
Domestic violence allegations can affect parenting time and legal decision-making before a case is fully resolved. If you’ve been served with an Order of Protection or accused of abuse during a custody dispute, take the allegations seriously and comply with any court orders.
Avoid violating the terms of a protective order, preserve documents and communications that support your position, and seek legal representation as soon as possible. Arizona courts carefully evaluate the evidence presented by both parties. If allegations are inaccurate or incomplete, a well-prepared response can be important to protecting your parental rights.
Protect Your Rights and Your Relationship With Your Children
Domestic violence allegations can change the course of a family law case almost immediately. Whether you are seeking protection for yourself and your children or defending against allegations that may affect your parental rights, Cohen Family Law is ready to help. We will explain your legal options, advocate for your interests, and work toward solutions that protect your family. Contact us today to schedule your free consultation.
Frequently Asked Questions
Can an Order of Protection be modified or dismissed?
Yes. Either party may ask the court to modify or dismiss an Order of Protection, although the court will evaluate the request based on the facts of the case and applicable legal standards.
Can text messages be used as evidence in a domestic violence custody case?
Yes. Text messages, emails, and other electronic communications are often introduced as evidence when they are relevant to the issues before the court.
Does an Order of Protection automatically end parenting time?
No. While an Order of Protection may restrict contact, parenting time is often addressed through separate family court orders that determine what arrangement serves the child’s best interests.
How long does an Order of Protection last in Arizona?
An Order of Protection generally remains in effect for two years from the date it is served on the defendant, unless the court modifies or dismisses it sooner. Either party may request a hearing while the order is in effect.
