Bill > HB4003

This bill establishes new rules and penalties for false allegations of domestic violence or abuse in Arizona family court proceedings related to legal decision-making and parenting time, which are decisions about child custody and visitation. It clarifies that a parent will not be held liable, either civilly or criminally, for making such an allegation if they did so in good faith, reasonably believed it to be true, and acted to protect a child, themselves, or another vulnerable person, even if the allegation is later found to be unsubstantiated or false. However, a court can find a parent liable only if it is proven by a preponderance of the evidence (meaning it's more likely than not) that the allegation was false, the parent knew it was false, and the false allegation was made to interfere with legal decision-making, parenting time, harass the other parent, or delay the court process. The bill mandates that courts record findings of false allegations and any sanctions imposed, which can include monetary penalties of less than $5,000 or an award of attorney fees. Furthermore, if a parent knowingly makes a false allegation, the court must refer the matter for potential prosecution for perjury. Attorneys who knowingly submit false allegations or commit perjury can also face sanctions, including monetary penalties, referral to the state bar, and mandatory training. Family court judges will be required to undergo mandatory training every two years on topics such as distinguishing false from unsubstantiated allegations, understanding trauma, and recognizing coercive control. The bill also outlines affirmative defenses for parents facing sanctions, such as experiencing post-traumatic stress disorder or coercive control at the time of the allegation, or if the allegation was based on a child's disclosure or observed behavioral changes. The bill defines "abuse" and "domestic violence" according to existing Arizona statutes and clarifies that "knowingly" means the parent had actual knowledge the allegation was untrue, had no reason to believe it was true, fabricated it, or acted in disregard of contradictory evidence. The legislature also found that distinguishing between unsubstantiated and false claims is important, that false claims are sometimes used to manipulate family court proceedings, and that current perjury laws are under-enforced, necessitating these changes to protect good-faith reports while deterring malicious false accusations.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/85514