Arizona’s New Domestic Violence and Child Custody Law: What HB 2995 Changes

In June 2026, new Arizona law passed with respect to acts of domestic violence and child custody (legal decision making and parenting time). This new law expressly expanded the definition of domestic violence as it occurs in the family court framework, what judge’s must do if domestic violence is just even alleged (prior to proof), and what acts the accused must take to defend against the allegations that, if proven, will most likely result in denial of access to their children in whole or in part.

Because of the broad definition of domestic violence, and the prevalence of accusations of domestic violence in family litigation, one must take all allegations extremely seriously. If you are a victim of domestic violence, you must take precautions to ensure your safety and that of your children without exception.

If you are accused of having committed domestic violence and believe it to be unfounded or untrue, you should seek the immediate advice of an experience family law attorney. It is imperative that you seek advice prior to filing any responsive document and prior to asking any judge to hear your version of events. Failure to adequately present evidence such as witness testimony and your own well prepared testimony could prejudice a custody case from the beginning of the case onward in perpetuity. In some cases, this includes a complete inability to ever have unsupervised parenting time with your own children.

One significant change in the law is the very definition of domestic violence. Many people are already unfamiliar with specific incidents that are criminally classified as domestic violence. For example, many do not know that grabbing your partner’s cell phone and breaking the screen in the middle of an altercation is criminal damage- one type of domestic violence. In Arizona family court, domestic violence includes all of the already defined terms outlined in Arizona Revised Statutes Section 13-3601 as well as the newly defined “coercive control.”

With respect to having committed domestic violence by way of coercive control, Arizona Revised Statutes Section 25-403.03 states that:

“COERCIVE CONTROL” MEANS A PATTERN OF VIOLENT, THREATENING, COERCIVE OR EMOTIONALLY ABUSIVE CONDUCT BY ONE PARENT AGAINST THE OTHER, WITHOUT CONSENT OR JUSTIFICATION, INCLUDING ANY OF THE FOLLOWING:

(a) SEXUAL OR OTHER PHYSICAL ASSAULT.

(b) THREATENING TO KILL OR INJURE A PERSON, INCLUDING ONESELF, OR A HOUSEHOLD PET.

(c) DISPLAYING, ACCESSING, ASSEMBLING OR CLEANING A FIREARM OR OTHER DANGEROUS WEAPON IN THE OTHER PARENT’S PRESENCE, IF THE CIRCUMSTANCES IMPLY THAT WEAPON’S THREATENED USE IN VIOLATION OF STATE OR FEDERAL LAW.

(d) CONFINEMENT OR OTHER RESTRAINING WORDS OR ACTIONS TO RESTRICT THE OTHER PARENT’S FREEDOM OF MOVEMENT OR LAWFUL ACTIVITY.

(e) ISOLATION FROM FRIENDS AND FAMILY.

(f) MONITORING OR REGULATING FINANCIAL ACTIVITY, ECONOMIC RESOURCES OR ACCESS TO SERVICES.

(g) STALKING OR HARASSMENT.

(h) DEMEANING, DEGRADING OR HUMILIATING WORDS OR ACTIONS.

(i) THREATENING TO PUBLISH SENSITIVE INFORMATION, INCLUDING SEXUALLY EXPLICIT MATERIAL, OF THE OTHER PARENT OR MEMBER OF THE OTHER PARENT’S FAMILY.

(j) THREATENING TO MAKE REPORTS TO LAW ENFORCEMENT.

(k) THREATENING, INITIATING OR USING CIVIL LITIGATION, INCLUDING PROCEEDINGS UNDER THIS TITLE OR SECTION 13-3602, TO DO EITHER OF THE FOLLOWING:

(i) FORCE THE OTHER PARENT TO DEFEND AGAINST A LEGAL CLAIM THAT IS FALSE OR FRIVOLOUS.

(ii) REGULATE OR RESTRICT THE OTHER PARENT’S LAWFUL OR CONSTITUTIONALLY PROTECTED ACTIVITY. [Writer’s note: a threat to file a civil lawsuit to restrict a person’s parenting time is now coercive control/ DV.]

(l) DAMAGING PROPERTY OWNED OR LAWFULLY POSSESSED BY THE OTHER PARENT OR MEMBER OF THE OTHER PARENT’S FAMILY.

(m) BY ACT OR CONSCIOUS OMISSION, JEOPARDIZING THE IMMIGRATION STATUS OF THE OTHER PARENT OR A MEMBER OF THE OTHER PARENT’S FAMILY. (n) FORCING THE OTHER PARENT TO COMMIT A CRIME AGAINST THE OTHER PARENT’S STATED WISHES.

(o) USING SURVEILLANCE OR TRACKING TECHNOLOGY TO FACILITATE OR AGGRAVATE ANY OF THE BEHAVIORS LISTED IN THIS PARAGRAPH.

Once domestic violence is established in a trial court setting, the perpetrator presumptively has no parenting time or decision-making rights, until s/he rebuts the presumption under new 403.03E(5)

TO PROVE DOMESTIC VIOLENCE HAS OCCURRED, NO CORROBORATING EVIDENCE IS REQUIRED. DOMESTIC VIOLENCE CAN BE ESTABLISHED BASED ON ONE PERSON SAYING IT HAPPENED IF THEY ARE DEEMED CREDIBLE BY THE JUDGE EVEN WHEN THE OTHER PERSON DENIES IT.

IF THE COURT DETERMINES THAT A PARENT HAS COMMITTED DOMESTIC VIOLENCE, THERE IS A MANDATORY REBUTTABLE PRESUMPTION THAT THE PERPETRATOR HAS NO PARENTING TIME OR DECISION-MAKING RIGHTS UNTIL HE/SHE REBUTS THE PRESUMPTION. THIS CAN BE A HUGE UPHILL BATTLE.

The importance of consulting with an experienced family law attorney is necessary and crucial when making allegations of domestic violence and defending against them.