Legislative Changes to Arizona Domestic Violence Laws 2026: Summary of Changes, Part 3

Legislative Changes to Arizona Domestic Violence Laws 2026: Summary of Changes, Part 3

Based on parts 1 and 2 of this post, here’s a summary of key changes to ARS 25-403.03 as the result of HB2995 which became effective June 22, 2026.

IssueOld version 25-403.03HB 2995
Public policy statementNoneDomestic violence = highest priority concern
Written findings requiredNoYes — mandatory, specific, including temp orders
Evidentiary standardUnspecifiedPreponderance of evidence
Corroboration requiredImplied because not mentionedExpressly not required  
Prior acts evidenceLimited to factors listed and evidentiary limitationsAdmissible to prove coercive control even if previously litigated
Presumption scopeLegal decision-making onlyLegal decision-making AND parenting time
Mutual combat exceptionFull exception if both committed DVException only if similar degree and injury
Severity threshold required of victimNot addressedExpressly prohibited
Certificate of completion of DV courseSufficient for rebuttal of presumptionInsufficient alone; requires disclosure and demonstrated insight into behaviors
Child’s preference for abuserCould be consideredExpressly irrelevant
  Burden to get supervised parenting timeNo graduated standardPreponderance
Burden to get unsupervised parenting timeNot specifiedClear and convincing evidence
Victim as supervisorAllowedExpressly prohibited
Suspension of all accessNot listedExpressly permitted
Coercive controlNot definedDefined and included in DV definition
Litigation as coercive toolNot addressedIncluded in coercive control definition
Forensic assessment with victimNot addressedProhibited
Continuing presumption in modificationsNot addressedPresumption continues
Temporary orders written findingsNot requiredRequired if DV alleged

HB 2995 represents the most significant overhaul of Arizona’s family court domestic violence law in recent memory. The changes are clearly designed to limit judicial discretion which may have been perceived as minimizing DV findings, including minimization of DV incidents based on procedural or evidentiary bases. 

The inclusion of coercive control in the definition of domestic violence, the prohibition against overcharacterization of mutual combat, and the loosening of evidentiary standards for proving DV all seem designed to enhance the court’s consideration of true domestic violence in family law cases.  Family courts must be prepared to devote far more trial time to cases where DV is alleged, and far more time to rulings with findings that fulfill the requirements of the new law.

See Part 4 of this post for DV definitions.

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