Domestic violence significantly impacts family law proceedings in Arizona. Under Arizona Revised Statutes § 13-3601, domestic violence includes a wide range of harmful acts between family members, and A.R.S. § 25-403 requires courts to prioritize child safety when domestic violence is present.
Domestic Violence Definition (A.R.S. § 13-3601):
Physical harm: Assault, battery, physical injury
Threats: Threatening or intimidating behavior
Criminal damage: Damage to property to harass or intimidate
Custodial interference: Taking children to harass other parent
Orders of Protection are FREE to file - no filing fee required
Emergency OOPs can be issued same day, 24/7 through law enforcement
Rebuttable presumption against custody for parent with significant DV history
Firearm surrender required within 24-48 hours of OOP service (federal law)
Violations are criminal offenses with mandatory arrest
Orders of Protection and Injunctions Against Harassment
Arizona provides two types of protective orders for domestic violence situations:
No Filing Fee Required
Orders of Protection are completely free to file. There is no filing fee in Arizona. You can file at any Superior Court, Justice Court, or municipal court. Many courts also allow online filing through AZPOINT 24/7.
Order of Protection vs. Injunction Against Harassment
Order of Protection
Requires domestic relationship (spouse, cohabitant, parent of child)
Violation is criminal offense with mandatory arrest
Federal firearm prohibition applies
Valid for one year, renewable
More extensive protections available
Injunction Against Harassment
No relationship required (neighbors, coworkers, strangers)
Violation is civil contempt (less serious)
No automatic firearm prohibition
Valid for one year, renewable
Requires series of harassing acts
Order of Protection (A.R.S. § 13-3602)
Who qualifies: Victims of domestic violence in specified family relationships
What it prohibits: Contact, harassment, threats, presence near victim
Duration: One year, renewable
Criminal violation: Violating order is criminal offense
Immediate issuance: Can be granted same day
Emergency Order of Protection
Immediate protection: Issued by judge immediately
No defendant presence: Ex parte (without defendant present)
Temporary duration: Until full hearing (typically within days)
Full hearing: Defendant served and hearing scheduled
Injunction Against Harassment (A.R.S. § 12-1809)
When used: Harassment not meeting domestic violence relationship requirement
Requirements: Series of harassing acts causing emotional distress
Less restrictive: Fewer protections than Order of Protection
Civil violation: Contempt of court for violation
Obtaining a Protective Order
Filing petition: Complete petition at courthouse or online
Describe incidents: Detail acts of domestic violence
Ex parte hearing: Judge reviews petition immediately
Service on defendant: Sheriff serves order on defendant
Full hearing: Both parties appear before judge
Permanent order: One-year order if granted
Legal Decision-Making Determinations with Domestic Violence History
Domestic violence significantly affects custody determinations under A.R.S. § 25-403.03:
Rebuttable Presumption Against Custody
Under A.R.S. § 25-403.03, if a parent has committed significant domestic violence or has a significant history of domestic violence:
Presumption against joint custody: Abusive parent presumed unfit for joint legal decision-making
Presumption against primary custody: Abusive parent should not have sole custody
Supervised parenting time: May require supervised visitation
Rebutting presumption: Abusive parent can rebut with evidence of rehabilitation
Evidence Sufficient to Trigger Presumption
Conviction: Domestic violence conviction
Order of Protection: Valid protective order against parent
Court finding: Court finding of domestic violence
Admission: Parent's admission to domestic violence
Factors for Rebutting Presumption
Abusive parent can attempt to rebut presumption by showing:
Treatment completion: Completed domestic violence treatment program
Sobriety: Substance abuse treatment if applicable
No further incidents: Period of no violence or abuse
Parenting classes: Completion of parenting education
Safe environment: Can provide safe environment for child
Best Interests Analysis with DV
Safety paramount: Child's physical and emotional safety primary concern
Witness to violence: Impact of child witnessing domestic violence
Pattern of violence: Severity and frequency of violent acts
Impact on child: Direct harm or emotional trauma to child
Protective parent: Non-abusive parent's ability to protect child
Supervised Parenting Time for Domestic Violence Cases
When domestic violence is present, courts may order supervised parenting time to protect children:
Types of Supervision
Professional supervision: Supervised visitation center with trained staff
Therapeutic supervision: Mental health professional supervises and provides therapy
Family member supervision: Trusted family member approved by court
Video supervision: Virtual visits monitored by professional
Supervision Requirements
No contact with other parent: Supervisor prevents contact between parents
Safe exchange: Child exchanged safely without parent interaction
Monitoring behavior: Supervisor watches for inappropriate behavior
Written reports: Supervisor provides reports to court
Safety protocols: Emergency procedures for safety concerns
Progression from Supervised to Unsupervised
Compliance period: Period of successful supervised visits
Treatment completion: DV and substance abuse treatment done
Required services: Court may order compliance with CPS service plan
Domestic Violence Treatment and Rehabilitation
Completing domestic violence treatment is often required to regain custody or unsupervised parenting time:
Court-Ordered DV Treatment
Certified programs: Must be court-approved DV intervention program meeting Arizona Department of Health Services (ADHS) standards
Duration: Typically 26-52 weeks
Attendance: Weekly group sessions
Completion requirement: Full completion, not just attendance
Progress reports: Provider reports progress to court
DV Program Components
Accountability: Taking responsibility for abusive behavior
Power and control: Understanding abuse dynamics
Impact on victims: Recognizing harm caused
Impact on children: Understanding children's trauma from witnessing DV
Alternative behaviors: Developing healthy conflict resolution
Relapse prevention: Preventing future violence
Additional Treatment Requirements
Substance abuse treatment: If addiction present
Mental health therapy: Individual counseling
Parenting classes: Parenting education courses
CRITICAL - Anger management NOT a substitute: Arizona courts explicitly prohibit anger management classes from substituting for DV treatment programs - they address completely different issues (anger vs. power/control)
Phoenix/Maricopa County DV Treatment Providers
Cost range: $25-50 per session typical in Phoenix area
Sliding scale fees: Many providers offer income-based fees
Certification verification: Ensure provider meets ADHS standards before enrollment
Demonstrating Rehabilitation
Program completion: Successfully complete all required programs
Period of non-violence: Extended period without incidents
Behavioral changes: Demonstrated change in behavior patterns
Therapist recommendation: Mental health professional support
Compliance with orders: Perfect compliance with all court orders
Victim input: Court may consider victim's safety concerns
Address Confidentiality Program - Protecting Your Location
Arizona's Address Confidentiality Program (ACP) provides critical protection for domestic violence victims by keeping their residential address confidential from their abuser in all public and government records.
What Is the Address Confidentiality Program?
Established under A.R.S. § 41-162, the ACP is a free program administered by the Arizona Secretary of State that provides a substitute legal address for DV victims, preventing disclosure of their actual residential address.
Substitute address: Secretary of State provides alternative address for all government records
Mail forwarding: Program forwards first-class mail to actual confidential address
Government acceptance: All state and local agencies must accept ACP address
No cost: Free enrollment and participation
Confidential database: Actual address kept in confidential database
Who Qualifies for ACP?
DV victims: Victims of domestic violence, sexual assault, or stalking
Household members: Victim's minor children and household members can also enroll
Relocation requirement: Must have relocated or be relocating to address unknown to abuser
Safety need: Reasonable belief that safety requires address confidentiality
What ACP Address Replaces
Once enrolled, the ACP substitute address is used for:
Voter registration: Address on voter registration records
Driver's license/ID: Address on MVD records and driver's license
Court filings: Address in family court and protective order proceedings
School records: Children's school enrollment address
Public benefits: AHCCCS, SNAP, and other benefit programs
Professional licenses: Address for professional and business licenses
Tax records: Address for state tax purposes
How to Apply for ACP
Application assistants: Must apply through trained application assistant (cannot apply directly)
DV advocates: Domestic violence shelters and advocacy organizations have certified assistants
Legal aid: Community Legal Services and legal aid offices provide assistants
Victim services: County Attorney victim services offices have assistants
Documentation required: Must provide evidence of DV (protective order, police report, or advocate verification)
Enrollment period: Program authorization lasts 4 years, renewable
ACP in Family Court Proceedings
Confidential filings: Actual address filed separately under seal
ACP address on documents: Only substitute address appears on public court documents
Service of process: Abuser cannot obtain actual address through court records
Parenting time protection: Exchanges occur at neutral locations, not actual residence
Court awareness: Judges and court staff trained on ACP protection requirements
Limitations of ACP
Not absolute protection: ACP doesn't prevent all address disclosure (private databases, social media, etc.)
Careful social media use: Must avoid posting location information online
Mail timing: Forwarded mail delayed 3-7 days
Some records excluded: Federal records and private transactions not covered
Ongoing vigilance: Must continue safety planning beyond ACP enrollment
Maricopa County ACP Resources
Secretary of State ACP Unit: (602) 542-4285 or acp@azsos.gov
Application locations: DV shelters, legal aid offices, victim services
Free service: No cost to apply or participate
Renewal assistance: Application assistants help with 4-year renewal process
Relevant Statutes: A.R.S. § 41-162
Virtual Hearings for Protective Orders - Remote Court Proceedings
Following the COVID-19 pandemic, Maricopa County Superior Court now conducts most protective order hearings virtually via WebEx, providing victims with easier access to court while maintaining safety and reducing the need for in-person contact with abusers.
Virtual Hearing Procedures in Maricopa County
Default to virtual: Protective order hearings scheduled as virtual/remote by default
WebEx platform: Hearings conducted through Cisco WebEx video conferencing
No courtroom appearance required: Participate from safe location (home, DV shelter, attorney's office)
Separate virtual rooms: Parties placed in separate virtual waiting rooms to prevent contact
Request in-person option: Can request in-person hearing if preferred
How to Join Virtual Protective Order Hearing
Hearing notice: Court sends notice with WebEx link and meeting information
30 minutes early: Join virtual waiting room 30 minutes before scheduled hearing time
Technology check: Test camera, microphone, and internet connection beforehand
Court staff assistance: Court staff available to help with technical issues
Phone appearance option: Can join by phone if video not available (audio only)
Technology Requirements for Virtual Hearings
Device: Computer, tablet, or smartphone with camera and microphone
Internet: Reliable high-speed internet connection (Wi-Fi or cellular data)
WebEx app: Download free Cisco WebEx app (or join through web browser)
Quiet private location: Find location with minimal background noise and privacy
Professional appearance: Dress appropriately as you would for in-person court
Virtual Hearing Etiquette and Best Practices
Camera positioning: Position camera at eye level showing face and shoulders
Background: Neutral background or use virtual background feature
Lighting: Face window or light source so face is clearly visible
Mute when not speaking: Keep microphone muted unless judge asks you to speak
Address the court: Speak directly to judge, refer to as 'Your Honor"
No interrupting: Wait for judge to call on you before speaking
No recording: Do not record the hearing - unauthorized recording prohibited
Presenting Evidence in Virtual Hearings
Upload documents: Email exhibits to court before hearing (check court instructions for deadline)
Screen share: May be able to screen share evidence during hearing (ask judge first)
Hold up documents: Can hold physical photos/documents to camera if needed
Organized exhibits: Number and organize all exhibits clearly
Certified copies: Provide certified copies to court after hearing if ordered
AZPOINT Online Filing System
E-filing available: File protective order petitions online 24/7 through AZPOINT system
No trip to courthouse: Complete and submit petition electronically
Immediate submission: Petition reviewed by judge same day (if filed during business hours)
Electronic service: Court can serve defendant electronically in some cases
Case tracking: Track case status online through court's case search
Advantages of Virtual Hearings for DV Victims
Safety: No need to be in same courtroom or building as abuser
Convenience: No travel to courthouse, parking, or time off work
Access: Easier access for victims in rural areas or without transportation
Comfort: Testify from safe, comfortable location
Support present: Advocate or support person can be present off-camera
When In-Person Hearing May Be Necessary
No technology access: Lack of device or internet connection
Complex evidence: Extensive physical evidence to present
Witness testimony: Multiple witnesses testifying in person
Preference: Either party strongly prefers in-person (court will consider)
Technical Problems During Hearing
Lost connection: Immediately rejoin WebEx meeting if connection drops
Audio/video failure: Switch to phone audio if video fails
Notify court: Email or call court immediately if cannot reconnect
Rescheduling: Court may reschedule if severe technical issues prevent testimony
Domestic Violence Resources in Maricopa County
Numerous organizations provide support, shelter, and advocacy for domestic violence victims in the Phoenix metropolitan area:
Emergency Hotlines
National DV Hotline: 1-800-799-7233 (24/7 confidential support)
Arizona DV Hotline: 1-800-782-6400
Arizona Sexual Assault Hotline: 1-800-656-4673 (RAINN)
Crisis Text Line: Text HOME to 741741
Shelters and Safe Housing
Chrysalis: Emergency shelter and transitional housing in Phoenix
UMOM New Day Centers: Family shelter services
Sojourner Center: One of largest DV shelters in the nation
New Life Center: Faith-based shelter and support services
A New Leaf: Emergency shelter and support services in Mesa
Legal Assistance
Community Legal Services: Free legal help for low-income individuals
Arizona Coalition to End Sexual and Domestic Violence: Advocacy and referrals
Maricopa County Attorney Victim Services: Crime victim advocacy
Law Library Self-Service Center: Assistance with protective order forms
File Order of Protection petition at Superior Court or Justice Court. No filing fee required. Can file online through AZPOINT or in person.
Ex Parte Review
Judge reviews petition same day without the respondent present. If danger is shown, temporary order issued immediately.
Common Questions
How do I get an Order of Protection in Arizona?
File a petition at any Superior Court or Justice Court in Arizona - no filing fee required. You can file online through AZPOINT or in person. The judge reviews your petition the same day and can issue a temporary order immediately. If the order is granted, the defendant can request a hearing, which must be held within 5 to 10 court days (depending on exclusivity of residence).
What's the difference between an Order of Protection and an Injunction Against Harassment?
Orders of Protection require a domestic relationship (current/former spouse, cohabitants, people with a child together, romantic partners). Injunctions Against Harassment cover harassment by anyone else (neighbors, coworkers, strangers). Both prohibit contact, but violations of Orders of Protection carry more serious criminal penalties.
How does domestic violence affect legal decision-making in Arizona?
Arizona law creates a rebuttable presumption against awarding joint custody or unsupervised parenting time to a parent who has committed significant domestic violence. The abusive parent must prove it's in the child's best interests and typically must complete DV treatment before regaining custody.
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
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Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
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