When a court finds a parent committed domestic violence, now defined to include a pattern of "coercive control," that parent faces a mandatory presumption against getting legal decision-making or parenting time, must meet higher proof standards to overcome it, and stays under that presumption in later modification cases.
Official title: domestic relations; domestic violence
- Immediately, as an emergency measure (approved by the governor June 22, 2026)
What changes
BeforeA presumption against sole or joint legal decision-making applied to a parent who committed domestic violence against the other parent, defined for that rule as serious physical injury, sexual assault, threats of serious injury, or behavior justifying a protective order. It did not apply if both parents committed domestic violence.
NowDomestic violence means acts listed in the state's criminal domestic violence law or "coercive control" by one parent against the other parent or a child in either household. Self-defense and defense of another person are excluded. Coercive control is a pattern of violent, threatening, coercive or emotionally abusive conduct, such as isolation, financial control, stalking, threats, or misuse of lawsuits. A finding triggers a "mandatory rebuttable presumption" against legal decision-making or parenting time. The court may not call the violence mutual unless both parents acted with similar lack of justification and caused similar injury.
BeforeA parent could rebut the presumption based on factors such as finishing a batterer's program, counseling or parenting class, and having no further acts of domestic violence.
NowTo get sole or joint legal decision-making, or unsupervised parenting time, the parent must overcome the presumption by "clear and convincing evidence." For supervised parenting time, the standard is a "preponderance of the evidence," which generally means more likely than not. The court must weigh factors including severity, weapons, strangulation, minimizing the violence, and whether the child has imitated it. A treatment certificate alone does not prove rehabilitation. The court must disregard that the child was absent, was unaware, or prefers more contact with that parent.
BeforeThe court considered police, medical, shelter, school and child safety records and witness testimony to decide whether domestic violence occurred.
NowA domestic violence claim must be proven by a preponderance of the evidence, and corroboration by exhibits or another person's testimony is not required. Medical or behavioral health records are considered only if the victim waives privilege. Shelter records are considered only with the victim's informed written consent. Other acts showing coercive control count, even if already decided or older than the last decree. Before any legal decision-making or parenting time order, including temporary orders, the court must make specific written findings on the evidence, the presumption, and the safety precautions chosen.
BeforeThe court could order supervised parenting time, protected exchanges, no overnights, programs, bonds and other conditions, and could not order joint counseling between a victim and perpetrator.
NowThe court must adopt precautions putting the safety and well-being of the child and the other parent first. These precautions may include suspending all access to the child until a modification petition, and random substance testing. The victim may not be appointed as a supervisor. A layperson may supervise only if the supervised parent affirms the supervisor will read the order, share contact information, call police, the department of child safety and the other parent if needed, and testify later. The court may not order a victim, child or parent, to join the abusive parent in any treatment, counseling or forensic assessment.
-
NowIf a parent fails to overcome the presumption, it continues to apply in later modification cases, regardless of the allegations in the new filings. Whether there is now evidence to overcome it is decided first, when the court decides if circumstances have changed enough to allow a modification.
Who it affects
- Parents in legal decision-making (custody) and parenting time cases where domestic violence is alleged
- Children in those cases
- Domestic violence victims
- People appointed to supervise parenting time
- Arizona family courts
What you need to do
Nothing.
What the law doesn't answer
- Whether the new rules apply to cases already pending or to orders entered before the law took effect
- How a parent's affirmation about a lay supervisor must be made or recorded
- Whether any funding or court resources are provided to carry out the new findings requirements
- What happens if a supervisor fails to carry out the duties the supervised parent affirmed
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.