Table of Contents
Domestic violence is an unfortunate aspect of what our law firm deals with on an all too frequent basis. The situation is made worse when you know there are children witnessing domestic violence in Arizona.
The problems dealing with a case involving domestic violence occurs when children are witnessing domestic violence in an Arizona family law case.
Judges in Arizona do not tolerate a spouse or parent who abuses the other parent in front of the parties’ children.
We want you to know what your rights are when you the victim of domestic violence or your children have witnessed domestic violence against you.
Witnessing domestic violence has a negative impact on your child’s emotional and psychological well being.
We have successfully argued that a parent who abuses a child’s parent while the children are present actually constitutes an act of domestic violence to the children as well.
The child doesn’t even have to be in the same room where the abuse is occurring if he or she can hear the incident.
Children need safety and security to develop into healthy adults.
The destruction of peace and serenity a child needs by witnessing violence negatively impacts the child.
A court is required to consider the existence of domestic violence when ruling on child custody in Arizona.
The child could show signs of withdrawing from friends and family or doing poorly at school could be signs your child is being negatively impacted by seeing abuse in his or her home.
Domestic Violence Offenses in Arizona
Not all bad conduct by a parent constitutes an act of domestic violence in Arizona.
The Arizona legislature has classified certain criminal statutes as domestic violence offenses in the state of Arizona.
A parent, therefore, must be found to have violated one of the many domestic violence crimes to have committed an act of domestic violence in Arizona.
The following list represents those offenses that are classified as domestic violence in Arizona:
- Manslaughter
- Second Degree Murder
- First Degree Murder
- Endangerment
- Threatening or Intimidating
- Assault
- Aggravated Assault
- Custodial Interference
- Unlawful Imprisonment
- Kidnapping
- Sexual Assault
- Unlawful Disclosure of Pictures Depicting State of Nudity or Specific Sexual Activity
- Criminal Trespass
- Criminal Damage
- Interfering With Judicial Proceedings
- Disorderly Conduct
- Cruelty to Animals
- Preventing the Use of a Telephone to Make an Emergency Call
- Use of Electronic Communication to Terrify, Intimidate, Threaten or Harass
- Harassment
- Stalking
- Surreptitious Photographing, Videotaping, Filing or Digitally Recording or Viewing
- Abuse of a Child or a Vulnerable Adult
Children as Witnesses to Domestic Violence
The law in Arizona provides that any child who is capable of demonstrating the ability to understand the truth from a lie and is able to show he or she is capable of understanding questions and relaying information in response to questions is qualified to testify in court.
In criminal cases, children will be called to testify at a trial.
However, the family court in Arizona does not like parents calling their children as witnesses in an Arizona divorce or child custody case.
Although the court cannot stop you from calling your child as a witness in a family law case, a judge will very likely be unhappy you didn’t choose another, less direct, way of getting information from your child before the court.
This is why most family law attorneys choose to file a motion with the court requesting an interview of the child by court-appointed mental health professional.
These mental health professionals will conduct a private interview with your child to determine what he or she knows about the domestic violence that occurred.
They will then send a written report to the judge and to both parents, which can be used as evidence at a future child custody trial.
What You Should Do If Your Children Witness Abuse
Nobody should accept being abused and should not allow children to witness abuse.
You should reach out to friends and family to make an escape plan for you and your children.
You can also reach out to domestic violence shelters and organizations to help you leave your abuser.
Lastly, you should contact a family law attorney who is well-versed in dealing with people who commit acts of domestic violence and who are not afraid to protect victims of their anger problems.
We will help you get an Order of Protection to keep your abuser away from you and your children.
We will also help you obtain emergency child custody orders if your situation warrants asking a judge for emergency child custody orders.
If you have questions about children witnessing domestic violence in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child abuse and family law attorneys have over 100 years of combined experience successfully representing clients in child abuse and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child abuse or family law case around today.
More Articles on Child Abuse in Arizona
- ARIZONA CHILD CUSTODY LAWS
- DIVORCE AND GRANDPARENTS VISITATION RIGHTS IN ARIZONA
- CHANGING A CHILD’S LAST NAME IN ARIZONA
- PARENT INFORMATION PROGRAM CLASS IN ARIZONA
- GRANDPARENTS RIGHTS IN ARIZONA
- MOVING CHILDREN MANY TIMES IN ARIZONA
- PARENTAL ALIENATION IN ARIZONA
- JOINT CUSTODY AND SCHOOL DECISIONS IN ARIZONA
- DO COURTS FAVOR MOTHERS IN CUSTODY BATTLES IN ARIZONA
- ENFORCE VISITATION NON-CUSTODIAL PARENT IN ARIZONA
- DELEGATION OF CHILD CUSTODY DECISIONS TO AN EXPERT IN ARIZONA
- PRESUMPTION OF EQUAL PARENTING TIME IN ARIZONA
- HOW TO GET SOLE CUSTODY IN ARIZONA
- HOW TO ENFORCE PARENTING TIME IN ARIZONA
- CO-PARENTING AFTER DIVORCE IN ARIZONA
- HOW TO CHANGE A CHILD’S LAST NAME IN ARIZONA
- GETTING EMERGENCY CHILD CUSTODY ORDERS IN ARIZONA
- HOW DO YOU MODIFY VISITATION OR PARENTING TIME IN ARIZONA
- WHAT VISITATION OR PARENTING TIME SCHEDULES DO JUDGES ORDER IN ARIZONA
- WHAT IS A CHILD CUSTODY EVALUATION IN ARIZONA
- PREPARE FOR A CHILD CUSTODY EVALUATION IN ARIZONA
- CAN A GRANDPARENT OR STEPPARENT BE AWARDED CUSTODY OF A CHILD IN AZ
- CONTESTING RELOCATION OF A CHILD WHEN YOU DO NOT LIVE IN ARIZONA
- WHO HAS CUSTODY OF CHILDREN WHEN A DIVORCE IS FILED IN ARIZONA
- WHAT ARE THE CHILD CUSTODY FACTORS IN ARIZONA
- WHAT IT JOINT LEGAL CUSTODY OR JOINT DECISION MAKING IN ARIZONA
- ARE MOTHERS FAVORED CHILD CUSTODY CASES IN ARIZONA
- WHAT IS A PARENTING COORDINATOR IN AN ARIZONA CHILD CUSTODY CASE
- CAN A PARENT WITH SOLE CUSTODY LIMIT ACCESS TO A CHILD’S MEDICAL RECORDS IN ARIZONA
- WHAT HAPPENS IF A PARENT WANTS TO MOVE OUT OF STATE WITH A CHILD IN ARIZONA
- PARENTING TIME AFTER LOSING AN ORDER OF PROTECTION HEARING IN ARIZONA
- WHO IS THE BEST CHILD CUSTODY LAWYER IN ARIZONA
- ARIZONA CHILD CUSTODY STATUTES
- ARIZONA UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES
- TEMPORARY CHILD CUSTODY IN ARIZONA
- ADOPTION ATTORNEYS IN ARIZONA
- RESTRICTIONS IN ARIZONA ON TAKING CHILDREN TO ANOTHER COUNTRY
- WITHHOLDING CHILD FROM CUSTODIAL PARENT IN ARIZONA
- AFFIDAVIT IN A CHILD CUSTODY CASE IN ARIZONA
- BEST INTEREST ATTORNEY IN ARIZONA
- LATE OBJECTION TO CHILD RELOCATION NOTICE IN ARIZONA
- RAISING ALLEGATIONS THAT WERE RAISED IN A PRIOR ARIZONA CHILD CUSTODY CASE
- TEMPORARY VISITATION ORDER FOR GRANDPARENTS IN ARIZONA
- WHEN THE CHILD RELOCATION STATUTE DOES NOT APPLY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND SOLE CUSTODY IN ARIZONA
- HOW TO CHOOSE A GUARDIAN FOR YOUR CHILD IN ARIZONA
- MULTI-STATE CHILD CUSTODY JURISDICTION IN ARIZONA
- SCHOOL CHOICE CHILD CUSTODY IN ARIZONA
- TEMPORARY ORDERS FOR GRANDPARENTS VISITATION IN ARIZONA
- CAN A STEPPARENT BE HELD IN CONTEMPT IN ARIZONA
- UNAUTHORIZED RELOCATION OF CHILDREN IN ARIZONA
- GRANDPARENTS CANNOT PREVENT CHILD RELOCATION IN ARIZONA
- WHEN ARIZONA CHILD RELOCATION STATUTE IN ARIZONA DOES NOT APPLY
- ARIZONA CHILD RELOCATION LAWS
- INTERNATIONAL CHILD ABDUCTION IN ARIZONA
- UCCJEA CHILD CUSTODY JURISDICTION IN ARIZONA
- MENTAL HEALTH RECORDS IN CHILD CUSTODY CASES IN ARIZONA
- FAILING TO ALLEGE CHANGED CIRCUMSTANCES TO MODIFY CHILD CUSTODY IN ARIZONA
- FALSE ALLEGATIONS OF CHILD ABUSE IN A CHILD CUSTODY CASE IN ARIZONA
- CHILD CUSTODY AND NARCISSISTIC A PARENT IN ARIZONA
- CHANGE CIRCUMSTANCES TO CHANGE CUSTODY IN ARIZONA
- EFFECT OF MUTUAL DOMESTIC VIOLENCE ON CHILD CUSTODY IN ARIZONA
- PARENTING TIME WITH A NON-BIOLOGICAL CHILD IN ARIZONA
- DENIAL OF MORE TIME IN CHILD CUSTODY CASE IN ARIZONA
- WHEN A CHILD CUSTODY HEARING IS REQUIRED IN ARIZONA
- HOSTILITY BASIS TO MODIFY CHILD CUSTODY IN ARIZONA
- MEANING OF HOME STATE IN ARIZONA
- USE OF THE UCCJEA IN DEPENDENCY CASES IN ARIZONA
- EFFECT OF DENIAL OF VISITATION ON CHILD SUPPORT PAYMENTS IN ARIZONA
- CUSTODY DECISIONS CANNOT BE DELEGATED TO AN EXPERT
- THIRD-PARTY AND EMERGENCY CHILD CUSTODY IN ARIZONA
- STEPPARENT IN LOCO PARENTIS CHILD VISITATION IN ARIZONA
- STEPPARENTS CANNOT OBTAIN CHILD CUSTODY IN ARIZONA
- BEST INTEREST STANDARD FOR THIRD-PARTY CHILD CUSTODY IN ARIZONA
- TEMPORARY CHILD CUSTODY IN AN ARIZONA DIVORCE DECREE
- MODIFICATION OF CUSTODY AND CHILD ABDUCTION IN ARIZONA
- VISITATION RIGHTS AND IN LOCO PARENTIS STANDING IN ARIZONA
- HOW DIVORCE AFFECTS CHILDREN IN ARIZONA
- PARENTING PLANS COURTS USE IN ARIZONA
- PROTECTING CHILDREN FROM A HOSTILE PARENT IN ARIZONA
- SUITABLE NOTICE FOR CHILD CUSTODY HEARING IN ARIZONA
- HOW TO DEAL WITH A HOSTILE PARENT IN ARIZONA
- JURISDICTION OVER CHILD RESIDING OUTSIDE ARIZONA
- HABEAS CORPUS IN AN ARIZONA CHILD CUSTODY CASE
- NOTICE OF HEARING IN AN ARIZONA CHILD CUSTODY CASE
- STANDARD OF CARE TO REPORT CHILD ABUSE IN ARIZONA
- APPEALING DEPENDENCY ORDERS IN ARIZONA
- MODIFICATION OF PARENTING TIME CHANGE WHEN KIDS CHANGE SCHOOLS
- STANDARD FOR TERMINATION OF PARENTAL RIGHTS IN ARIZONA
- A MINOR’S RIGHT TO BE HEARD IN A CHILD CUSTODY CASE IN ARIZONA
- CAN THE COURT APPOINT A GUARDIAN FOR A CHILD IN ARIZONA
- EXCLUDING TESTIMONY IN A CHILD CUSTODY CASE IN ARIZONA
- SUPERVISED PARENTING TIME IN ARIZONA
- DOMESTIC VIOLENCE AND PARENTING TIME IN ARIZONA
- JURISDICTION FOR A DEPENDENCY CASE IN ARIZONA
- CHANGING A CHILD’S LAST NAME IN ARIZONA
- SAME-SEX MARRIAGE AND CHILD CUSTODY IN ARIZONA
- JURISDICTION TO PETITION FOR VISITATION IN ARIZONA
- NO ALCOHOL DURING PARENTING TIME IN ARIZONA
- FAILING TO APPEAR FOR CHILD CUSTODY HEARING IN ARIZONA
- ONE SPOUSE ADOPTS A CHILD IN ARIZONA
- BASICS OF CHILD ABUSE IN ARIZONA
- CHILD ABUSE AND CHILD CUSTODY IN ARIZONA
- FATHERS RIGHTS IN ARIZONA
- PREPARE FOR A CHILD CUSTODY CASE IN ARIZONA
- CO-PARENTING WITH YOUR EX IN ARIZONA
- PETITION TO MODIFY CHILD SUPPORT AND SOLE CUSTODY IN ARIZONA
- DUE PROCESS IN A CHILD CUSTODY HEARING IN ARIZONA
- SOLE LEGAL CUSTODY OVER MEDICAL DECISIONS FOR A CHILD IN ARIZONA
- THIRD-PARTY VISITATION WITH A CHILD IN ARIZONA
- RIGHT OF FIRST REFUSAL IN ARIZONA
- FINAL DECISION-MAKING AUTHORITY OVER A CHILD IN ARIZONA
- CAN A BEST INTEREST ATTORNEY TESTIFY AT TRIAL IN ARIZONA
- MODIFY A SUPERVISED VISITATION ORDER IN ARIZONA
- CALCULATING DISTANCE FOR A CHILD RELOCATION IN ARIZONA
- DISMISSING PETITION TO MODIFY CHILD CUSTODY IN ARIZONA
- WHAT IS A THERAPEUTIC INTERVENTIONIST IN ARIZONA
- WHAT HAPPENS TO EMBRYOS IN A DIVORCE IN ARIZONA
- CHANGE CHILD CUSTODY IN ARIZONA WHEN PARENT MOVES AWAY
- IMPORTANCE OF MEDIATING A CHILD CUSTODY CASE IN ARIZONA
- CHILD CUSTODY AND CRIMINAL RECORDS IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY HEARING IN ARIZONA
- WHEN FINDINGS OF FACT ARE NOT REQUIRED AFTER A CHILD CUSTODY TRIAL IN ARIZONA
- COURT APPOINTED CHILD THERAPIST IN ARIZONA
- HOME STATE CUSTODY JURISDICTION WHEN CHILD RELOCATED TO ARIZONA
- CAN VISITATION WITH A CHILD BE REDUCED WITHOUT PRIOR NOTICE IN ARIZONA
- CHANGE IN CIRCUMSTANCES FOR A CHILD CUSTODY MODIFICATION IN ARIZONA
- HEARING TO DECLINE CHILD CUSTODY JURISDICTION IN ARIZONA
- CUSTODY OF A CHILD IN AN ARIZONA DEPENDENCY CASE
- LATE DISCLOSURE IN AZ CHILD CUSTODY CASE
- EMERGENCY CHILD CUSTODY WHEN ARIZONA LACKS JURISDICTION
- HOW TO REGISTER A CHILD CUSTODY ORDER IN ARIZONA
- DOMESTIC VIOLENCE PRESUMPTION IN ARIZONA CHILD CUSTODY CASES
- EFFECT OF CORONAVIRUS ON CHILD CUSTODY AND VISITATION ORDERS
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.