What Is the Alec and Lydia Act?
HB 2995 is named for Alec and Lydia Mater, two Surprise, Arizona children killed by their father during a custody dispute in 2024 — after their mother had repeatedly warned the family court about his documented history of domestic violence. The law rewrites A.R.S. § 25-403.03, the statute Arizona courts use to weigh domestic violence in custody and parenting-time decisions.
It is already in effect and applies to new filings, pending cases, and — in important ways — to requests to modify existing custody orders.
How This Law Changes a Contested Order of Protection
A protective order hearing used to be treated as a largely separate, standalone matter. Under the new law, that’s no longer true — because a domestic violence finding in a protective order case can now trigger consequences that follow directly into a custody or parenting-time case. A few of the specific changes:
- The evidentiary bar is lower. A claim of domestic violence can now be established by a preponderance of the evidence, and corroborating exhibits or witness testimony are not required.
- The definition is broader. “Domestic violence” now formally includes coercive control — monitoring someone’s phone or finances, isolating them from family, or threatening to report their immigration status — not just physical violence.
- The stakes are higher. Because a protective order finding can now trigger a mandatory legal presumption in a related custody case, what happens at a protective order hearing can shape parenting time for years afterward.
If You’re Seeking a Protective Order
The law gives you more ways to present your case and more forms of evidence the court must consider.
If You’re Defending Against One
The lower evidentiary bar and broader definition mean allegations can be based on conduct never reported to police. A contested hearing needs a strategy built around how this law actually works — not the old rules.
How This Law Changes Custody & Parenting Time Cases
- A mandatory presumption against the abusive parent. If a court finds a parent committed domestic violence, it must presume that awarding that parent custody is contrary to the child’s best interests — and the burden shifts to that parent to overcome it.
- It can override Arizona’s 50/50 preference. Where domestic violence is found, the state’s usual default toward equal parenting time no longer automatically applies.
- A treatment certificate isn’t enough anymore. A parent can’t point to a completed batterer’s intervention program alone to get parenting time restored.
- Judges must explain their reasoning in writing — and appellate courts now review those findings independently (de novo).
- The “mutual violence” defense is narrower. Proportionate self-defense that didn’t provoke the incident no longer counts against the victim.
Does This Affect an Existing Custody Order?
Not automatically — your current order stays in effect until a judge changes it. But the law opens a real door: if domestic violence or coercive control occurred in your relationship and was never fully addressed in your existing custody order, courts must now treat that as a primary factor in a modification request — even if the conduct happened before your last order, and even if it could theoretically have been raised earlier.
Why Timing Matters
Because HB 2995 took effect immediately, it applies to hearings happening right now — not just cases filed after some future date. If you have a protective order hearing, a custody hearing, or a modification request coming up, it will very likely be decided under these new standards.
Frequently Asked Questions
What is the Alec and Lydia Act?
It’s HB 2995, a law signed by Governor Hobbs on June 22, 2026, that rewrites how Arizona courts handle domestic violence in custody and parenting-time cases, and how courts treat related protective order findings. It took effect immediately.
Does a protective order automatically affect my custody case?
Not automatically, but a domestic violence finding from a protective order matter can trigger a mandatory legal presumption in a related custody or parenting-time case. The two are more connected now than they were before this law.
Do I need a police report for a domestic violence claim to count?
No. Under the new law, a claim can be established by a preponderance of the evidence without corroborating police reports or witness testimony.
Can old domestic violence that was never addressed be used to change my current custody order now?
Courts must now treat this kind of evidence as a primary factor in a modification request, even if it happened before your existing order or wasn’t raised earlier. Whether it’s worth pursuing depends on your specific facts — that’s a conversation to have with an attorney, not a DIY decision.
What if my ex says the domestic violence was “mutual”?
The law narrows this defense significantly. Courts can’t treat violence as mutual unless both parties had similar motives, similarly lacked justification, and inflicted comparable harm. Proportionate self-defense doesn’t count against the person defending themselves.
Is a completed batterer’s intervention program enough to get custody back?
Not on its own. The law requires the parent to waive confidentiality on treatment records, show the program matched their specific conduct, and demonstrate genuine accountability — a certificate alone isn’t sufficient evidence of rehabilitation.
How fast do I need to act?
Because the law is already in effect, upcoming hearings are being decided under it right now. If you have a hearing scheduled or are considering a modification, don’t wait to talk to an attorney.
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Kochis Chapman Law, PLLC
This page is provided for general informational purposes only and does not constitute legal advice. Laws change, and the application of any law to your situation depends on your specific facts. Reviewing this page does not create an attorney-client relationship with Kochis Chapman Law, PLLC. Past results do not guarantee similar outcomes in any future matter. Please contact our office directly to discuss your situation.