Domestic Violence
Sadly, domestic violence has invaded homes across America. When domestic violence has seeped into a couple’s relationship or the family as a whole, the members of the family must be on guard throughout the pendency of the dissolution proceedings. This is not the time to make excuses for the offending spouse; this is the time to admit the past abuse for what it was: intolerable and inexcusable. If you believe that the offending spouse will re-offend or has reoffended, it may be necessary for you to obtain an order of protection. The purpose of an Order of Protection is to restrain another person from committing an act of domestic violence, as defined in A.R.S.13-3601A. To be granted an order, you must be one of the following:
A spouse or former spouse of the defendant or a person of the opposite sex that resides or resided in the same household.
A parent of a child of the defendant.
Pregnant by the defendant.
Related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother- in-law or sister-in-law.
A child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person of the opposite sex who resides or who has resided in the same household as the defendant.
The clerks at any Justice Court will provide you with the Petition for Order of Protection. You may request that information regarding your current address, phone number and employment be kept confidential and not be disclosed to the defendant.
Impact of Domestic Violence on Children
Oftentimes families are under the misconception that if it is only the parent being battered by the offending spouse (not the children) then the abuse is only confined to the abused parent. This is not the case. Domestic violence in a home with children will impact their lives forever. The following facts demonstrate the need for parents, families, communities and the courts to take domestic violence against a spouse seriously.
Children whose mothers are victims of wife battery are twice as likely to be abused themselves as compared to those children whose mothers are not victims of abuse.
In about 43 percent of households where intimate partner violence occurs the couples have children under the age of 12.
A recent study of low-income pre-school children in Michigan found that nearly half (46.7 percent) of the children in the study had been exposed to at least one incident of mild or severe violence in the family. Children who had been exposed to violence suffered symptoms of post-traumatic stress disorder, such as bed-wetting or nightmares, and were at greater risk than their peers of having allergies, asthma, gastrointestinal problems, headaches and flu.
Battered women are not the only victims of abuse–it is estimated that anywhere between 3.3 million and 10 million children witness domestic violence annually. Research demonstrates that exposure to violence can have serious negative effects on children’s development.
At least 85% of children who live in violent homes are eyewitnesses, attempt to intervene, and/or experience the violence from behind closed doors.
When children witness violence in the home, they have been found to suffer many of the symptoms that are experienced by children who are directly abused.
In spite of evidence of violence against women and/or their children, the courts consistently ordered sole or joint custody to perpetrators in 74% of the cases in Maricopa County and 56% of the of the cases in the other counties combined.
The Impact of Domestic Violence on Custody Determinations
Although courts should consider evidence of domestic violence at every point in custody and visitation negotiations, there is no guarantee that judges will do so. Women often report that violence plays a significant role in divorce proceedings, specifically regarding the issues of custody, visitation, and child support.
Partner violence is a factor in anywhere from a third or a half of the cases where custody is disputed. In disputed family court cases, somewhere between 15% and 25% show substantiating evidence of physical abuse (such as prior arrest, criminal court finding or court order).
Many abusers appear to use the legal system to maintain contact and harass their ex-partners, at times using extensive and lengthy litigation. Many women compromise on their demands for resources during divorce negotiations for fear of losing custody of their children. In cases of domestic violence, fathers who contest custody win sole or joint custody up to 70% of the time.
Joint custody precludes separation between a victim and her abuser because the parents must transfer children and have joint decision-making. This ongoing communication provides excessive, yet legally required, opportunities for the batterer to continue his abuse.
Courts seem to ignore abuse and privilege the father-child relationship despite the danger, concluding that father estrangement is more traumatic to children than paternal abuse and giving custody of the children to the abuser.
In spite of evidence of violence against women and/or their children the courts consistently ordered sole or joint custody to perpetrators in 74% of the cases in Maricopa County and 56% of the cases in the other counties combined.
The domestic violence law in Arizona is complicated. The lawyers at Best Law Firm have experience in dealing with these cases as it pertains to family law and divorce.
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