When a court is deciding what parenting arrangement is in a child’s best interests, it must look at whether domestic violence has occurred. If it has, that weighs strongly against the parent who engaged in that behavior. Remember, Judges are not just looking at one isolated event—they will consider whether there is a pattern of harmful or threatening conduct and whether one parent has caused fear, harm, or control over the other.
To simplify how the court approaches these cases, you can think of domestic violence falling into three levels of seriousness. At the highest level, if the court finds “significant” domestic violence or a long-standing pattern of it, the judge cannot award joint legal decision-making to both parents. This is a strict rule, meaning the court does not have discretion to override it, even if the other parent is willing to share decision-making.
At the middle level, if the court finds that a parent committed an act of domestic violence—such as causing physical harm, making someone reasonably afraid of serious harm, or engaging in repeated threatening behavior—the law starts from the position that this parent should not have decision-making authority. However, this is not absolute and that parent can try to show why they should still have some role, but the burden is on them to prove it is appropriate and safe.
Parenting time (visitation) is analyzed separately. Even if a parent has committed domestic violence, they may still receive parenting time—but only if they can show the court that spending time with them will not put the child at risk or harm the child emotionally or physically. Courts can impose protections, such as supervised visits or other conditions, to ensure child safety.
Finally, judges consider many types of evidence, including police reports, medical records, witness testimony, and prior court findings. One important thing to note is that the absence of police reports or other documentation does not mean domestic violence did not happen. These situations are often underreported and occur behind closed doors. Make sure you have representation who is knowledgeable in how to help prepare you to testify on the issue of Domestic Violence when you may not have the evidence you need on hand. An experienced attorney should also have advice on ways to try and strengthen your case as you are going through it.
In short, Arizona courts prioritize safety above all else and carefully evaluate both the existence and the impact of domestic violence to protect children and ensure appropriate parenting arrangements.