Domestic violence is a crime that can be extremely difficult for a survivor to recover from, as many stay in toxic relationships out of hope that things will eventually get better. Family violence encompasses physical, sexual, emotional abuse, and non-physical coercive control.
Substance abuse and drug use frequently exacerbate these domestic violence dynamics during a divorce or legal separation. When drug use leads to unpredictable, erratic, or threatening behavior, it creates an unsafe home environment that can make swift legal action necessary.
If you are being harmed or controlled by your significant other, ex-partner, or roommate, you may have a valid legal case for domestic violence. Here is a comprehensive guide to the steps you can take to prove that you are in danger of suffering future abuse and to help ensure that you get the legal protection you deserve.
Admissible Evidence
If you are contemplating filing a charge of domestic violence against your current or ex-significant other, you will need evidence to support your claim. Proving abuse in court requires tangible documentation that corroborates your testimony and establishes a clear pattern of dangerous behavior.
1. Medical Documentation
If your partner or housemate used violence to inflict scrapes, bruises, or internal injuries, visit your primary care physician or an emergency room as soon as possible. Doctors are trained to identify signs of abuse and can document the severity of your injuries in official medical records. These records serve as neutral, third-party evidence that can be vital during a contested hearing.
2. Witness Accounts and Incident Journals
Disclosing instances of abuse to a trusted friend or relative can create a witness for you in court if you later decide to file charges. We understand that you may not feel comfortable disclosing this information to your loved ones. As an alternative, you could also keep a journal where you detail incidents and when they occur. Witness accounts or a detailed journal can be used to create a clear timeline of repeated abuse.
3. Photos and Digital Evidence
Photos are powerful pieces of evidence for proving physical and emotional abuse. You should take clear pictures of any injuries you have sustained as a result of family violence, as well as any damaged property or torn clothing.
Additionally, if you receive threatening text messages, emails, or voicemails from your current or ex-partner, you can take screenshots and submit those to the local family court. Digital communications are especially critical when documenting abusive episodes tied to erratic drug use or ongoing harassment.
The Alec and Lydia Act: Proving Coercive Control and Non-Physical Abuse
Under Arizona law, specifically HB 2995, family courts officially recognize coercive control as a form of domestic violence.
Domestic violence is no longer defined strictly by physical bruises or police arrest records. Coercive control represents a systematic pattern of behavior designed to isolate, intimidate, monitor, or control a partner.
Examples of Coercive Control
- Financial Control: Cutting off access to money, withholding credit cards, or sabotaging employment. Anyone facing economic restriction can learn more about managing financial abuse during a divorce proceeding.
- Isolation: Preventing you from communicating with family members, friends, or outside support networks.
- Surveillance: Tracking your location through mobile applications, hidden GPS devices, or continuous unwanted monitoring.
- Intimidation and Threats: Threatening to harm pets, withhold children, or report you falsely to authorities.
Under the Alec and Lydia Act, if you can prove a pattern of coercive control, the court must treat it as domestic violence when making legal decision-making and parenting time decisions.
What Options Do I Have?
There are several options at your disposal for filing a claim for domestic violence. Depending on the evidence in your case, one option may be better suited for you versus another. For this reason, it is best to consult with an experienced family law attorney who could guide you in the right direction for your specific circumstances.
Criminal Domestic Violence Charges
Only the police and the district attorney can press criminal domestic violence charges. You have the option of cooperating. This can put a survivor in a very difficult situation where they must decide whether or not to send their ex, and perhaps the father or mother of their children, to jail.
This can be the hardest route for a survivor of domestic violence to take, as it requires you to participate and help the prosecution prove that the alleged abuse occurred beyond a reasonable doubt. However, if you are looking to collect civil damages against your abuser, a conviction of domestic violence can be extremely beneficial. Talking with a family law attorney can set you up with the best possible chance of collecting civil damages.
Civil Protection Orders
This is an excellent solution for people who have been impacted by domestic violence because civil protection can be sought regardless of whether an arrest has taken place. However, the petitioner must have been in an intimate relationship with the alleged abuser to qualify for civil protection. You must specifically allege that at least one act of domestic violence took place within the last twelve months under one of the listed offenses in Arizona Revised Statutes §13-3601.
You can file for a civil protection order at a local family court, and temporary protection may be granted immediately. It is important to describe the abuse specifically, including the dates of the incidents, when filling out the form. After an emergency protection order is granted, the perpetrator will have an opportunity to contest this claim during a hearing at a later date. Therefore, you will need to provide evidence of why you need civil protection from domestic abuse.
Family Court
Lastly, you can protect yourself against domestic violence in family court during custody or divorce cases. In family court, you are required to prove that a stay-away or no-contact order is in the best interest of your child. This can become evident to a judge based on the child and their fear of the alleged abuser.
Under the Alec and Lydia Act, establishing domestic violence or coercive control creates a legal presumption against awarding joint legal decision-making or unsupervised parenting time to the abusive parent.
If your child is in immediate danger, you can work with your attorney on emergency custody orders to secure swift protection. Furthermore, if you need immediate financial arrangements, residence rules, or custody rules while your case is pending, your attorney can request temporary orders.
Seek Legal Counsel Immediately
If you or someone you love is being subjected to domestic violence, contact a Mesa family lawyer today. The attorneys at Modern Law have experience handling these types of situations and can aid you in protecting yourself and your children from an abusive partner or ex-spouse. We understand the delicacy of these situations and want you to know that we put our clients’ safety and well-being above all.
If you need help proving domestic violence or securing an Order of Protection in Arizona, contact us or call our office at (480) 571-0346 to schedule a confidential consultation.
