Arizona's Domestic Violence Victims Need a More Safety-Centered Approach in Their Pursuit of Family Court Orders

Abstract

The current procedural process for family court litigants in Arizona aggravates the ability of domestic violence victims to safely and quickly obtain custody, parenting time and support orders. Thus, the process should be modified to allow for an expedited route when domestic violence issues are present. There is a legislative presumption in Arizona that equal parenting time is in the best interest of minor children. While family court litigants with domestic violence issues can rebut this presumption, it requires a fact-finding process that normally occurs during an evidentiary hearing, which is generally scheduled thirty days after the initiation of an action. This extensive waiting period not only inhibits the court’s ability to enter timely orders with respect to custody and parenting time, but also frustrates the ability of domestic violence victims to protect themselves and their children while they await their day in court. This article proposes the creation of a new procedural process for cases that give rise to a presumption that domestic violence issues are present. Specifically, it is recommended that courts implement an initial screening process to identify cases involving domestic violence. Once identified, these cases would proceed through an expedited evidentiary process so that safety-centered orders concerning custody, parenting time, and support are accomplished quickly. Additionally, it is recommended that all cases involving domestic violence be assigned an advocate to assist the victim in navigating the judicial system, creating a safety plan, and ascertaining services and other resources needed to survive.