The Role of Domestic Violence Allegations in Arizona Divorces

What Is Considered Domestic Violence in Arizona?

Arizona law defines domestic violence as a crime that may be charged as either a felony or a misdemeanor. For a crime to be deemed as domestic violence, at least one of the following must be true.

• The victim and the defendant (the person charged with the crime) must either be married, previously married, or have lived together in the same home.
• The victim and the defendant either had a child together, or one of them was pregnant by the other.
• The victim is related to the defendant (or the defendant’s spouse) by blood or court order, which includes parents, grandparents, children, grandchildren, siblings, in-laws by marriage, stepparents, stepchildren, or similar relationships.
• The victim is a child who currently or previously lived with the defendant. The child must be related by blood to the defendant’s former spouse or partner who lived with the defendant.
• The victim and the defendant are currently in or previously had a sexual or romantic relationship. Arizona law looks at multiple factors to determine the nature of the relationship, including its length, type, frequency of interaction between the two parties, and how much time has passed since the relationship ended (if it did).

When One Spouse Is Accused of Domestic Violence, What Happens in Their Divorce Proceedings?

Arizona courts take domestic violence allegations seriously. But they need more than allegations for the violence to affect the divorce. The victim will need to provide proof of the abuse, which can include medical records, eyewitness testimony, photos, screenshots of threatening texts or IMs, etc. If you’re unsure if the evidence you have will be adequate evidence of domestic violence, contact an experienced divorce and domestic violence attorney who can help you determine what you need for your case.

Once the court is satisfied that the allegations are proven, there can be significant consequences for the defendant, including:

• Child custody. The defendant may have limited access to any children or not allowed any access at all.
• Alimony: If alimony (also known as spousal support) is being negotiated, the court may award the victim more money than they would if no violence had taken place.
• Mental and/or physical health. The court may be more lenient about having the victim in court facing the defendant or about how they are permitted to testify, especially if the victim is still fearful of the defendant.
• Property. As with alimony, the victim may be awarded larger shares of joint property as compensation for their suffering.

What Factors Do the Divorce Courts Use When Considering Domestic Violence as Part of the Case?

When domestic violence allegations surface in divorce proceedings, it’s not a straightforward matter. The court looks at a variety of factors that will influence the outcome of the divorce orders, including division of property, child custody, and spousal support.

• Severity. Domestic violence can have varying levels of severity and can include emotional abuse as well as physical abuse.
• Duration. How long the episodes of violence continued can play a significant role in outcomes.
• How often. There may be differences in outcomes if the violence occurred rarely or frequently.
• Police reports. If the police were called, their records could be vital as witnesses to what they saw.
• Medical records. Doctors are trained to identify and understand signs of violence and will record them if they find them.
• Testimony. Testimony from the victim and eyewitnesses or friends and family the victim confided in may hold weight.

What Are the Other Potential Consequences of a Domestic Violence Conviction in Arizona?

A domestic violence conviction doesn’t have consequences only in divorce proceedings. If the defendant is found guilty of the charges, they can face significant, life-altering consequences.

What those consequences are varies from case to case, using the factors described above. In general, these are examples of what a judge might sentence the defendant to if convicted.

• Fines. The defendant can be ordered to pay fines of anywhere from $500 to $150,000.
• Restitution. This is money paid the defendant is ordered to pay the victim, often in repayment of medical or damaged property expenses.
• Jail or prison time. The possibilities here are extensive. A first conviction of a misdemeanor domestic violence charge could possibly be allowed probation and no jail time, but subsequent convictions, violence that was severe and/or long-lasting, or violence that led to the victim’s death could result in life in prison or even the death penalty.
• Voting rights. A conviction of any felony, including domestic violence, can cause the defendant to lose their right to vote.
• Firearms. They could also lose the right to own a gun with felony or some misdemeanor domestic violence convictions.
• Professional licenses. Careers that require licensure, such as realtors or some contractors, could have their licenses revoked or applications denied.

What Should I Do if I Want to Start Divorce Proceedings and Domestic Violence Allegations Will Be Involved?

Call The Sampair Group as soon as possible at 623-294-2498 to schedule an initial case evaluation. Divorce itself has been found to be one of life’s most stressful events. Add domestic violence allegations, and it can be even more traumatic. Our team of experienced, knowledgeable divorce and domestic violence attorneys understands that. We also understand how complex the legal proceedings in these cases can be. We can walk through your case with you and help you understand what options are available and which might have the most favorable outcomes.