Legal Resources for Victims of Domestic Violence

November 13, 2010

According to the National Coalition Against Domestic Violence, one out of every four women in the US will be the victim of domestic violence during her lifetime. In Arizona, it is estimated that a child witnesses a domestic violence incident every 44 minutes - a statistic that is even more troubling since boys who witness domestic violence are twice as likely to become abusers as adults.

The development of the legal response to domestic violence and intimate partner violence is relatively new. It is only within the past 30 years that laws have been passed to penalize domestic violence and protect those who have been subjected to the abuse. During this same time period, there also has been the creation of victim services, including shelters and counseling programs, and more recently, the push to expand victims' rights in legal proceedings.

Orders of Protection in Arizona

Orders of protection are one of the key ways the law can help victims of domestic violence. Also referred to as restraining orders, there are four different types of protective orders available in Arizona:
- Emergency protective orders
- Protective orders
- Injunction against harassment
- Injunction against workplace harassment

Emergency protective orders and protective orders are only available in cases when the alleged victim and aggressor have one of the following types of relationships:
- They currently or formally lived together
- They share a child in common or the woman is pregnant
- They have a blood relationship
- They are married or divorced
- They currently or formally had a dating relationship

Emergency protective orders can be obtained if there is evidence to support a reasonable belief that there is an imminent threat of danger to the victim. Emergency protective orders, however, only last 24 hours.

Protective orders, on the other hand, are good for one year. In filing a petition for a protective order, the victim must provide specific evidence of the acts or threats of domestic violence. The protective order can cover more than one person, including children. Once granted, protection orders are valid and enforceable in all 50 states. They also is no limit on the number of times the order can be renewed.

In granting the order, the court may include a no-contact order, which prevents the alleged abuser for having any contact whatsoever with those protected by the order. In cases where the victim and alleged abuser share a home, the court may award exclusive use of the residence to the victim. The court also can order that the alleged abuser to turn over any firearms in his or her possession to the sheriff and prohibit him or her from obtaining any new ones.

In Arizona, the courts also typically require those who have committed domestic violence to attend a batterer intervention and treatment program.

The penalties for violating a protective order may include jail time and other punishments. When the order has been violated, it is the victim's responsibility to immediately contact the police to enforce the order.

Protective orders are not a fail-proof way to protect victims of domestic violence, but they are an important first step in the legal process.

Domestic Violence, Divorce and Child Custody

Allegations and reported incidences of domestic violence can impact other family law proceedings, include divorce. Victims of domestic violence may be fearful of filing a petition to dissolve their marriages from abusive spouses. They may worry about their ability to support themselves and their children and may be scared about how their spouse will react to the divorce.

In these cases, the victim can file for a protective order at the same time as the divorce filing. The victim also can file a separate petition with the same court for temporary child support and household support while the divorce is pending.

Past incidences of domestic violence can have an important bearing on child custody issues as well. Under Arizona law, the court is required to take any allegations of abuse into account before determining child custody and parenting time schedules. In cases where the court has determined that there was domestic violence, there is a legal presumption that it is not in the best interests of the child to be in that parent's custody.

The court also can deny visitation to the abusive parent unless he or she can demonstrate to the court that the child will not be in physical or emotional danger. And even in cases where the parent can meet this high burden, the court is likely to place restrictions on the visitation, including supervision.

Conclusion

The legal system's response to domestic violence is not perfect. Some believe that society has become too dependent on the legal system to handle domestic violence and want to see the expansion of non-judicial responses, including more treatment and counseling options.

Others, however, believe the law is the best way to punish offenders and protect victims and want to see increased penalties for abusers, especially first-time offenders who are likely to reoffend.

In Arizona, there is a movement that takes into account both view points, with efforts aimed at expanding treatment options and improving enforcement of the state's domestic violence laws to better protect victims.

For more information on domestic violence laws, protective orders or other legal issues, contact an experienced attorney today.

Article provided by Singer Pistiner P.C.
Visit us at www.singerpistiner.com