Legal Question in Family Law in Arizona
My 5 year-old step son came home from his mother's house and told us about how "John" hit "Sally" and the police came to take "John" away. What recourse do we have to substantiate domestic violence in this home? We simply want to know if this is an on-going issue and what action we can take to prevent her from subjecting him to this type of environment.
2 Answers from Attorneys
I recommend that you and your husband speak with an attorney as soon as possible to discuss your options. If the mother's boyfriend/step-father was arrested for committing domestic violence against the mother in the presence of the child, this might support a modification of parenting time. It may depend in part on what actually happened (you can request a copy of any police report associated with their address from the appropriate police department), and it may also depend on whether the mother allows him to return to the home or whether she ends the relationship and terminates contact with him. Whether the child was exposed to the domestic violence is also an issue for consideration.
You can and should seek a copy of the police report, so you can see what occurred. You can also research all calls to that house, or all reports involving either party.
Then, you should consider a Petition to Modify, only if to disallow the step-parents access t the child.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com