DOMESTIC
VIOLENCE

The existence of significant domestic violence or a history of significant domestic violence amongst the parties may halt the award of joint legal decision making authority (The presumption is that the parties cannot effectively co-parent).

Arizona law states that the existence of significant domestic violence is contrary to the best interest of the child. The safety of the child and victim spouse are primary considerations in a custody determination.

It is advisable to obtain an Order of Protection if you are or have been the victim of domestic violence. The factors listed below can help you determine if an Order of Protection is right for you.

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You may qualify for an Order of Protection if:

The offender is your current or former spouse;
You have a child in common with the offender;
The offender is the father or mother of your unborn child;
The offender is a person you are currently or were previously involved in a romantic or sexual relationship with;
The offender is your parent, grandparent, brother, sister, child, or grandchild; OR
The offender is your spouse’s parent, grandparent, brother, sister, child, or grandchild.

AND

The offender has committed any of the following dangerous crimes against a child:

Second degree murder;
Aggravated assault resulting in serious physical injury or involving the discharge, use or
Threatening use of a deadly weapon or dangerous instrument;
Sexual assault; molestation of a child;
Sexual conduct with a minor; commercial sexual exploitation of a minor;
Sexual exploitation of a minor;
Child abuse;
Kidnapping;
Sexual abuse or continuous sexual abuse of a child; or
Taking a child for the purpose of prostitution; child prostitution; involving or using minors in drug offense.

Or

The offender has committed any one of the following acts:

Endangerment; threatening or intimidating;
Assault, including use of a dangerous weapon or causing serious bodily harm;
Kidnapping or unlawful imprisonment;
Interference with child custody;
Criminal trespass or criminal damage;
Disorderly conduct or stalking;
Abuse of a child or vulnerable adult;
Interference with judicial proceedings; or
Use of a telephone to terrify, intimidate, threaten, harass, annoy, or offend.

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