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Domestic Violence / Family Violence

The definition for domestic violence is emotional or physical abuse used by one person in a relationship to control the other. Victims of domestic violence can be of any sex, race, culture, religion, educational background, or marital status. The abusers can also come in a variety of forms because there is not a typical abuser just as there is no typical victim.

If you are in an abusive relationship, then it is important to seek protection. You have civil and criminal remedies to ensure your safety and the safety of your loved ones. It would be helpful to talk to a lawyer about your options. The Daly Law Firm can give you advice about the following domestic violence matters:

If you are in a married relationship, cohabitating, living together, dating or separated, you still have legal rights.

Scottsdale Domestic Violence Attorney

The Daly Law Firm currently handles divorces and child custody matters in Phoenix, Scottsdale, and all other areas within Maricopa County. Family violence can play a large part in a divorce or child custody dispute. The Daly Law Firm addresses the topic of domestic violence with sensitivity and discretion. Contact Doug Daly at (480) 607-8308 for a free consultation regarding your particular family situation.


Domestic Violence Information Center


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What are examples of abuse?

There is a wide range of abuse that can fall into the family violence category. Abuse does not just have to be physical. Abuse can be emotional and mental and still qualify as domestic violence. Some of the main types of abuse found in domestic violence cases are:

  • Stalking
  • Intimidation
  • Name calling
  • Threats of Physical Harm
  • Physical Harm
  • Controlling Money
  • Isolation
  • Sexual Assault
  • Stopping the victim from getting a job
  • Not allowing the victim to talk to family and friends

Criminal acts of abuse are physical assault like pushing and hitting, stalking and sexual assault. Emotional, mental and financial abuse may not violate criminal law, but they are still forms of abuse. There are still legal remedies that can be applied to make sure that the abuse does not escalate into violent behaviors that put your life at risk.


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How does domestic violence affect child custody?

Arizona courts award child custody using “the best interest of the child” standard. Arizona family court philosophy is that children benefit from a relationship with both of their parents. If there is a history of family violence in the home, it will be a factor in determining child custody.

Just because you are the alleged victim of domestic violence does not automatically mean you will win or lose child custody. Just because your partner is the alleged abuser does not mean you will be denied child custody. The court will investigate to see how the abuse affected the child and whether or not the child was also abused.

Every family situation is different. It is important to have the help of an experienced family lawyer familiar with divorce and child custody arrangements. With the help of counsel you will be able to present the facts of your case to the court in the best light.


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How does domestic violence affect visitation rights?

Arizona courts default position is that children should have regular contact with both their parents. Even in cases of domestic violence, it is rare that visitation rights will be completely denied.

The court will make a determination whether or not it is in the best interest of the child to have regular visitation with the parent initiating the abuse. If the court has any fear regarding the child’s safety, they will order supervised visitation.

Supervised visitation is utilized where domestic violence or child abuse is present to reduce the stress on the child and the parent. The court arranges a structured visit between the abusive parent and the child. The court will generally order a staggered arrival time so the abusive parent and the other parent come into limited contact.

The abusive parent and the child are placed in a room with a trained counselor or social worker. The child and abusive parent are allowed to interact by talking, playing and socializing. The social worker does not intervene with the child and parent interaction unless a threat of violence or other inappropriate behavior occurs.

If a problem does arise during the visit, the social worker or counselor will end the visit immediately to ensure the safety of the child. Usually courts will order supervised visitation so that the parent child relationship is able to continue without risk of harm to the child.


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How can a lawyer help me if I am in a domestic violence situation?

A lawyer can advise you on the legal options available to help you and your family. If you want to file criminal charges against the abuser, the local police department or District Attorney Office can assist you with making your claim. The prosecutors can give you detailed information regarding the criminal procedures. The prosecutors can also tell you if they need you to testify at a trial or any other court proceeding.

A family lawyer can give you advice on your civil rights concerning property, child support, and child custody if you decide to leave your abuser. A family lawyer might also be able to assist you with filing temporary orders and injunctions against your abuser to ensure your safety and the safety of your children.


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Resources

Domestic Violence.org – how to recognize domestic violence and ways to get out of abusive relationships

Arizona Coalition Against Domestic Violence – serves as an advocate for domestic violence victims.

Domestic Violence Law in Arizona – Official Arizona court website that provides information on filing protective orders and other legal remedies to stop family violence.


Daly Law Firm, PLLC - Phoenix Family Violence Lawyer

If you are in a domestic violence situation with children, it is best to get legal advice to protect your rights. A capable Arizona family law attorney can help you with protective orders, child custody, child support and visitation. If you are going through a divorce or child custody proceeding in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call The Daly Firm at (480) 607-8308 for a free consultation regarding your questions and concerns.

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