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Parent Violated Arizona Order of Protection with Domestic Violence By Video Chat

Domestic Violence

In 2015, the Arizona court entered an order of protection preventing contact and threats or acts of domestic violence by defendant-parent against the custodial parent. Before that order expired, the victim petitioned for a 2016 ex parte order of protection. Upon hearing the petition, defendant was found to have violated the 2015 order by act […]

Coping with Stress in Your Divorce

Arizona Divorce

Managing Stress in Your Divorce or Family Law Case Among the most stressful life experiences, divorce and family law cases can be profoundly emotional. They represent a turbulent period for both spouses and can affect the children for years to come. The divorce, legal separation, or child custody dispute may challenge your resolve initially. But […]

Grandparents Get Emergency Temporary Sole Legal Decision-Making and Parenting Time of Arizona Widow’s Five Children

Child Custody

In this special action, the trial court entered temporary child custody orders granting grandparents sole legal decision-making and parenting time of the mother’s five minor children following ex-parte petition and hearing. Mother’s fitness as a parent was challenged and the trial court did not err in granting temporary third-party custody to the grandparents. Gia Chapman […]

Arizona Family Law Legislation Update

Child Support, Spousal Maintenance, Statutes

We have three changes in Arizona family law to report. Two bills were recently signed into law and the Arizona Child Support Guidelines have been revised. Take a look at what’s new half-way into 2018. New Spousal Maintenance Eligibility Threshold Arizona’s spousal maintenance factors are set forth in ARS § 25-319. For about two decades, […]

Challenge to Obligor-Parent’s Statement of Arrears Not Time-Barred in Out-of-State Child Support Registration

Child Support

Child support obligee can contest obligor’s statement of zero child support arrears owed under Arizona Uniform Interstate Family Support Act (AUIFSA) despite failure to file her hearing request within 20 days after receiving notice of obligor’s registration in Arizona of an out-of-state child support order. Tiffany G. Taylor v. Thomas Pandola The Arizona Supreme Court […]

Parental Rights Terminated for Failure to File Notice of Paternity Claim with Putative Fathers Registry

Child Custody

Biological father filed paternity establishment petition in California where both parents resided. His parental rights were terminated on statutory ground he failed to file notice of claim of paternity with Arizona putative fathers registry. Mother’s fraud and adoption agency misrepresentations were punished by award of sanctions. No due process violation with service by publication because […]

Arizona DUI Law Just Got Tougher, Wrong Way DUI

DUI

Arizona’s reckless and aggressive driving law and DUI law just got tougher for anyone driving the wrong way on a controlled access highway (to learn more about this new legislation, contact a DUI criminal defense attorney with Stewart Law Group). Governor Doug Ducey signed HB 2243 into law on March 27, 2018, making it a […]

Police Must Obtain a Warrant to GPS Track a Vehicle Surreptitiously

Criminal Defense

For police to surreptitiously track a motor vehicle using GPS technology requires a warrant; and a passenger traveling with the vehicle-owner has a reasonable expectation of privacy under the Fourth Amendment to the U.S. Constitution. Arizona v. Emilio Jean The defendant, Emilio Jean, was a passenger in the tractor-trailer stopped by police. Defendant was convicted […]

Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father

Child Custody

Mother filed her petition for modified custody in compliance with Arizona law. Father did not file a petition for modification, but motioned for temporary orders requesting he be awarded sole legal custody. The court granted father’s motion for sole legal decision-making. Affirmed on appeal, the mother’s interpretation of Arizona custody modification law and procedure was […]

Unlawfully Obtained DUI Blood Sample Admissible as Evidence When Police Acted in Good Faith

Criminal Defense, DUI

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of evidence. […]

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