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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
domestic relations; domestic violence
Purpose
Revises the statutory requirements that apply to a legal decision-making or parenting time matter or a modification of a legal decision-making or parenting time matter when there is an allegation of domestic violence.
Background
Joint legal decision-making may not be awarded if the court makes a finding of significant domestic violence or that there has been a significant history of domestic violence. The court must consider evidence of domestic violence as being contrary to the best interests of the child and consider the safety and well-being of the child and the victim of the domestic violence to be of primary importance. To determine if a person has committed domestic violence, the court must consider: 1) findings from another court of competent jurisdiction; 2) police reports; 3) medical reports; 4) records of the Department of Child Safety (DCS); 5) domestic violence shelter records; 6) school records; and 7) witness testimony.
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, then, unless
both parents have committed an act of domestic violence, 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. A person commits an act of domestic violence if the person:
1) intentionally, knowingly or recklessly causes or attempts to cause sexual
assault or serious physical injury; 2) places a person in reasonable
apprehension of imminent serious physical injury to any person; or 3) 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. To determine if the parent has rebutted the
presumption the court must consider whether the parent: 1) has demonstrated
that being awarded sole or joint legal decision-making or substantially equal
parenting time is in the child's best interests; 2) has successfully completed
a batterer's prevention program; 3) has successfully completed a program of
alcohol or drug abuse counseling, if appropriate; 4) has successfully completed
a parenting class, if appropriate; 5) is restrained by a protective order that
was granted after a hearing, if the parent is on probation, parole or community
supervision; and 6) has committed any further acts of domestic violence.
If the court
finds that a parent has committed an act of domestic violence, then that parent
has the burden of proving to the court's satisfaction that the parenting time
will not endanger the child or significantly impair the child's emotional
development. If the parent meets the burden of proof to
the court's satisfaction, then the court must place conditions on parenting
time that best protect the child and the other parent from further harm. The
court may: 1) order that an exchange of the child must occur in a protected
setting as specified by the court; 2) order that
a family or household member or an agency specified by the court must supervise
parenting time; 3) order the parent who committed the act of domestic violence
to attend and complete a program of intervention for perpetrators of domestic
violence and any other counseling the court orders;
4) order the parent who committed the act of domestic violence to abstain from
possessing or consuming alcohol or controlled substances for up to 24 hours before
parenting time;
5) order the parent who committed the act of domestic violence to pay a fee for
the costs of supervised parenting time; 6) prohibit overnight parenting time;
7) require a bond from the parent who committed the act of domestic violence
for the child's safe return; 8) order that the address of the child and the
other parent remain confidential; or 9) impose any other condition that the
court determines is necessary (A.R.S.
§ 25-403.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court, in any legal decision-making or parenting time matter, to consider domestic violence as contrary to the best interest of the child and assign primary importance to the safety and well-being of the child and domestic violence victim.
2. Stipulates that, if an express or implied conflict arises between the prescribed requirements for the court's considerations of domestic violence and a competing presumption, mandate or public policy in statute that is not directly related to a child's safety, then the provisions of the prescribed requirements for the court's considerations of domestic violence take priority.
3. Requires the court, in a modification of a legal decision-making or parenting time proceeding, to decide a new allegation of domestic violence by applying the same public policy, priorities, procedures and definition prescribed pursuant to statutory requirements for considering an allegation of domestic violence.
4. Stipulates that a parent who has been adjudicated to have committed domestic violence and who previously failed to rebut the rebuttable presumption remains subject to the same presumption in any modification proceeding regardless of the allegations that are made in the new modification pleadings.
5. Requires the question of whether evidence now exists to overcome the rebuttable presumption to be resolved as a preliminary matter when the court decides whether a sufficient change of circumstances has occurred to allow a modification of a legal decision-making or parenting time order.
6. Requires the court to make written findings regarding an allegation of domestic violence, if a party to a proceeding for a temporary order for legal decision-making or parenting time alleges that the other party committed domestic violence.
7. Requires the court, in any legal decision-making or parenting time matter, to make specific and detailed findings on the record about each outlined factor and that is presented through evidence admitted at a trial or other evidentiary hearing.
8. Requires the court's findings to address:
a) a complete description of the evidence that justified or prevented a finding that domestic violence occurred;
c) an explanation why the court's choice of remedies on parenting time is in the child's best interests.
9. Requires a claim of domestic violence to be established by a preponderance of the evidence.
10. Specifies that corroboration from exhibits or witness testimony is not required.
11. Requires the court, subject to the evidentiary standard pursuant to the Arizona Rules of Family Law procedure, to consider:
a) factual determinations of an act of domestic violence from a court of competent jurisdiction;
b) evidence that is collected and reports that are prepared by a law enforcement agency, DCS and any other government agency;
c) the alleged victim's medical or behavioral health records, if the victim waives the associated privilege or other right to confidentiality;
d) records from a shelter for victims of domestic violence;
e) educational and school records;
f) a collateral act of domestic violence against any person by the parent who is the subject of the allegation of committing domestic violence; and
g) witness testimony.
12. Requires the court, if the court determines that a parent committed an act of domestic violence, to consider and weigh all outlined nonexclusive factors and any other relevant considerations when entering an award of legal decision-making, a parenting time schedule and other features of the parenting plan.
13. Requires the court to determine whether the act of domestic violence:
a) risked or inflicted physical injury or emotional trauma on the other parent or child;
b) involved the threat or use of a firearm or other dangerous weapon;
c) involved the threat or use of strangulation;
d) involved multiple forms of coercive control, including whether physical violence, regardless of how infrequent, was used to intensify the impact of other forms of coercive control;
e) compromised the victim's education, employment or career goal;
f) significantly damaged the victim's reputation or relationships with family, friends or others;
g) created a question as to whether the parent who committed domestic violence can serve as a suitable role model for the child, including with respect to parenting time;
h) revealed a disdain for the other parent or child that would complicate or prevent effective legal decision-making;
i) is denied, deflected or minimized during treatment, forensic assessment, formal discovery or courtroom proceedings by the parent who committed the domestic violence; or
j) occurred over a period of time and with a sufficient severity or frequency that the passage of time or remoteness of an earlier act of domestic violence constitute an aggravating and not a mitigating factor.
14. Requires the court to consider a collateral act of domestic violence if the collateral act tends to prove the existence of coercive control, even if the collateral act of domestic violence has been decided, predates the last decree or could have been litigated at another time or place.
15. Stipulates that, if the court determines that a parent committed an act of domestic violence, there is a rebuttable presumption that an award of legal decision making or parenting time to the parent who committed the act of domestic violence is contrary to the child's best interests.
16. Prohibits
the court from requiring the victim or child to prove that shared legal
decision-making or parenting time would harm the child.
17. Stipulates that, if the court finds that both parents have committed domestic violence, then each parent is subject to the rebuttable presumption, and if nether parent can rebut the rebuttable presumption, then the court must consider referring the child for dependency proceedings if a referral is consistent with the best interest of the child.
18. Requires the court, to determine whether the parent who committed an act of domestic violence has rebutted the rebuttable presumption, to:
a) review the considerations that are prescribed by statute for entering an award of legal decision-making or parenting time when the court determines that a parent committed domestic violence and make findings and a full explanation as to why the evidence presented to determine whether the parent who committed domestic violence has rebutted the rebuttable presumption did or did not rebut the rebuttable presumption;
b) consider a collateral act of domestic violence by the parent against anyone;
c) not treat the following considerations as mitigation or relevant to the rebuttal of the rebuttable presumption:
i. the child's absence from the location where the act of domestic violence occurred;
ii. the child's unawareness that a parent committed the act of domestic violence; and
iii. the child's preference for reinstating, maintaining or increasing parenting time with a parent who committed the act of domestic violence;
d) consider the parent's attendance at a domestic violence treatment program; and
e) evaluate whether a parent's chosen treatment program was relevant and proportionate to the parent's history of domestic violence.
19. Prohibits the court from considering a certificate of completion for a domestic violence program alone as proof of rehabilitation.
20. Requires a parent who wishes to use attendance at a domestic violence treatment program as rebuttal evidence to:
a) waive the associated statutory privilege or other confidentiality necessary to release the parent's treatment records to the court and the victim;
b) establish that the treatment program was relevant and proportionate to the act of domestic violence for which the parent was adjudicated;
c) demonstrate an understanding of how the parent's act of domestic violence harmed the family; and
d) prove that the treatment program addressed and helped reduce any tendency to minimize or rationalize the act of domestic violence.
21. Requires the court, when evaluating whether a parent's chosen treatment program was relevant and proportionate to the parent's history of domestic violence, to consider the criteria outlined in the Arizona Administrative Code that governs treatment standards for misdemeanor domestic violence offenders.
22. Requires the court, if the parent who committed an act of domestic violence fails to overcome the rebuttable presumption, to:
a) not grant joint or sole legal decision-making to that parent; and
b) impose restrictions on the manner and frequency of that parent's interactions with the child that are consistent with the proven act of domestic violence.
23. Prescribes the restrictions that the court may order, including:
a) ordering that an exchange of the child occur in a protected location or a safe exchange location that is specified by the court;
b) limiting parenting time, including a prohibition on overnight parenting time with the child;
c) designating a professional agency or one or more persons to supervise parenting time;
d) ordering the parent who committed the act of domestic violence to pay a fee for the costs of supervised parenting time;
e) suspending access to the child, in any form, until the parent who committed an act of domestic violence can petition for a modification of legal decision-making or parenting time;
f) ordering the parent who committed the act of domestic violence to attend and complete a program of intervention for perpetrators of domestic violence and any other counseling the court orders;
g) ordering a parent to abstain from possessing or consuming alcohol, other intoxicants or controlled substances, if the court finds that the parent who committed the act of domestic violence has also abused alcohol, other intoxicants or controlled substances;
h) requiring a bond for the child's safe return from the parent who committed the act of domestic violence;
i) ordering that the address of the child and other parent remain confidential; or
j) imposing any other condition that the court determines is necessary to protect the child, the other parent any other family or household member.
24. Prohibits the court from ordering a victim of domestic violence, whether the child or a parent, to join the parent who committed domestic violence in any inpatient or outpatient treatment program, counseling program or forensic assessment, whether telephonic, virtual or in person.
25. Stipulates that, if a parent who is adjudicated to have committed domestic violence fails to overcome the rebuttable presumption, then the rebuttable presumption must remain until a subsequent modification of a legal decision-making or parenting time proceeding.
26. Prohibits the court from appointing a person to supervise parenting time unless the parent being supervised affirms to the court that the appointed supervisor will:
a) receive and read the court's order;
b) provide a reliable telephone number, email address and residential address to both parents;
c) intervene and contact an appropriate law enforcement agency, DCS and the other parent if the supervised parent's behavior endangers the child of becomes psychologically abusive; and
d) appear for future court proceedings and testify regarding the supervision.
27. Defines coercive control as a pattern of threatening, humiliating or intimidating actions that are used to harm, punish or frighten a person and includes:
a) a pattern of behavior that takes away a person's liberty or freedom;
b) stripping a person's sense of self, bodily integrity and human rights;
c) isolating a person from friends and family;
d) depriving a person of independence;
e) regulating a person's everyday behavior;
f) monitoring, surveilling, regulating or controlling a person's finances, economic resources or access to services, or those of the person's child or relative;
g) monitoring, surveilling, regulating or controlling a person's activities, communications or movements, including through the use of technology, or those of the person's child or relative;
h) name-calling, degrading or demeaning a person or the person's child or relative on a frequent basis;
i) threatening to harm or kill a person or the person's child or relative, including wearing, accessing, displaying, using or cleaning a weapon in an intimidating or threatening manner;
j) threatening to commit suicide or self-harm, when used as a method of coercion, control, punishment, intimidation or retaliation against a person;
k) threatening to harm or kill an animal that a person or the person's child or relative has an emotional bond with;
l) threatening to publish a person's sensitive personal information, including sexually explicit material, or those of the person's child or relative;
m) threatening to make reports to law enforcement authorities without reasonable cause;
n) damaging a person's property or household goods, or those of the person's child or relative;
o) threatening a person or the person's child or relative with deportation, contacting authorities based on perceived or actual immigration status, withholding essential documents required for immigration or threatening to withdraw or interfere with an active immigration application or process; and
p) forcing a person or the person's child or relative to take part in criminal activities or child abuse.
28. Defines collateral act as conduct that, in time, location, sequence and causation, is substantially distinct from the occurrences or acts at issue before the court.
29. Defines domestic violence as domestic violence or coercive control when perpetrated one parent against the other parent or against a minor child living in either parent's household and does not include defense of self or another if the defensive acts were proportionate to the assault and the parent claiming self-defense did not provoke the altercation.
30. Designates this legislation as the Alec and Lydia Act.
31. Makes technical and conforming changes.
32. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Modifies the factors that the court must address when reviewing an allegation of domestic violence.
2. Modifies the requirements for awarding a modification of legal decision-making or parenting time when there is an allegation of domestic violence.
3. Makes technical and conforming changes.
House Action Senate Action
JUD 2/18/26 DPA 8-0-1-0 FFL 3/23/26 DPA 4-3-0
3rd Read 2/26/26 52-0-8
Prepared by Senate Research
March 31, 2026
AN/ci