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Domestic Violence Presumption

July 2, 2026

The domestic violence presumption is the Arizona legal rule that restricts legal decision making and parenting time when a court finds that a parent has committed domestic violence. Under the Alec and Lydia Act effective June 22, 2026 this presumption is now mandatory, covers both legal decision making and parenting time, and requires the abusive parent to overcome it by the applicable evidentiary standard before any parenting rights can be awarded.

The mandatory presumption is one of the most significant changes in Arizona family law in recent memory. Before the Alec and Lydia Act the presumption applied only to legal decision making and courts had more discretion in how they applied it. The new law narrows that discretion substantially.

See the Domestic Violence entry in this glossary and the full series on the Alec and Lydia Act at bestlawaz.com/alec-and-lydia-act for a complete discussion of how the new law changed the presumption.

 

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