Quick Navigation:
- Protecting Privacy in Arizona Family Court Proceedings
- When the Court May Disclose Information
- Requesting to Seal Records or Limit Public Access
- Special Protections in Cases Involving Domestic Violence, Child Abuse, and Sexual Assault
- Handling Personally Identifiable Information in Divorce and Custody Cases
- FAQs About Privacy and Confidentiality in Arizona Family Law Cases
- Contact a Family Law Attorney From CHM Law
Matters involving family law are often deeply personal. When disputes reach the courtroom, the details that become part of the public record can involve sensitive personal information, from financial records to the intimate details of parenting disagreements.
In Arizona, the courts recognize that while transparency is essential, certain situations require privacy measures to protect the well-being of those involved, especially children and survivors of abuse.
At Colburn Hintze Maletta, we assist clients across Maricopa County, Pinal County, and the rest of Arizona in matters where safeguarding personal information is just as important as winning the case itself. Whether you are dealing with a high-profile divorce, a contested custody dispute, or a matter involving domestic violence, our attorneys can help design strategies that protect your privacy while complying with court requirements.
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Protecting Privacy and Confidentiality in Arizona Family Court
Protecting Privacy in Arizona Family Court Proceedings
Arizona courts follow open court principles, meaning most proceedings are considered public.
However, ARS § 8-208 and other applicable state court rules provide ways to protect privacy when disclosure of information could cause harm or is not in the best interests of a child, particularly in cases involving an abuser.
The superior court has discretion to determine whether privacy measures are necessary to protect individuals involved in a family law proceeding.
Types of sensitive information that may be protected include:
- Details about minor children, including names, addresses, and school locations
- Allegations of abuse or neglect
- Medical and mental health records
- Financial account numbers and social security numbers must be protected in correspondence to prevent unauthorized access to a client’s sensitive information.
When necessary to protect the welfare of a child or another party, the court may order that certain information not be disclosed in the public record, especially in cases involving an abuser.
This is particularly important in high-profile cases, where public interest can increase the risk of unwanted exposure and potentially harm a client’s safety.
CHM Law regularly assists clients in preparing requests and supporting documentation to show why sealing or redacting records is in their best interests. The goal is to ensure that the protection measures are designed to protect both your legal rights and your well-being during and after the court process.
When the Court May Disclose Information
Even with privacy protections, there are circumstances where the court may disclose information because the law requires it.
Under Arizona law, courts must balance the parties’ privacy interests with the public’s right to access court records.
Some situations where a court proceeding might require disclosure include:
- When a law enforcement agency is investigating alleged child abuse, sexual assault, or domestic violence
- When applicable, federal law requires disclosure of information to notify relevant parties, but protections may be in place for sensitive data.
- When disclosure of information is necessary to protect the welfare of a child or another vulnerable person
For example, if a case in Mesa involves allegations of child abuse, the court may disclose the information to the Arizona Department of Child Safety or law enforcement. This type of disclosure is not considered a violation of confidentiality because it is designed to protect those at risk.
Importantly, under ARS § 25-403, information may be shared with a guardian ad litem or custody evaluator if the court determines it is necessary to protect the best interests of a child.
Requesting to Seal Records or Limit Public Access
In Arizona, you can request that certain records be sealed or that public access be limited when disclosure could cause harm.
This request must be filed with the court and supported by reasons showing why the harm disclosure outweighs the public’s interest in the information.
Under Rule 123 of the Arizona Supreme Court, the superior court may seal records or redact personal information such as a social security number, addresses, or medical details. When preparing your request, you should notify the court of any potential risks involved with the disclosure of sensitive information.
- Identify exactly what records you want sealed.
- Explain why the information is necessary to protect
- Provide any supporting evidence, such as a protective order in a domestic violence case.
Our lawyers at CHM Law help clients prepare these filings, ensuring they comply with court rules and present the strongest possible argument for privacy protection.
Special Protections in Cases Involving Domestic Violence, Child Abuse, and Sexual Assault
Cases involving domestic violence, child abuse, or sexual assault require additional safeguards.
Arizona courts recognize that disclosing the information in these matters can endanger victims and compromise ongoing investigations.
For example, ARS § 13-4434 limits the release of a victim’s personal information without consent in certain criminal and family court proceedings. In Phoenix, a custody dispute that also involved allegations of sexual assault led the court to seal portions of the record and restrict access to specific exhibits, ensuring the client’s safety.
Victims may also request that the courtroom be closed to the public during testimony about abuse, especially when children are involved. This is done to ensure their well-being and protect them from unnecessary trauma, especially in cases involving an abuser.
Suppose you or your child is a survivor of abuse. In that case, CHM Law can assist in filing the necessary motions to protect your information and limit who may disclose the information during proceedings.
Handling Personally Identifiable Information in Divorce and Custody Cases
Divorce and custody proceedings often require the exchange of sensitive personal information, including correspondence related to the client’s case.
This includes financial records, addresses, employment details, and documents containing a social security number.
Arizona courts require that personal information be handled carefully to prevent unauthorized access.
Under Arizona court rules, parties must redact personal identifiers from documents before filing them in the public record to protect a client’s privacy.
If the information is necessary to determine an issue, it can be filed under seal so that only authorized individuals, such as the judge and attorneys, can obtain access.
Taking these precautions is necessary to protect against identity theft, harassment, and misuse of personal information.
FAQs About Privacy and Confidentiality in Arizona Family Law Cases
- Can I request to seal my entire case file?
Yes, but the court will only grant it if you can show that the harm of disclosure outweighs the public interest, particularly regarding a client’s safety. - Will my custody case automatically be private?
No, but you can request that sensitive portions be sealed, especially when involving allegations of abuse or threats to safety. - Who can obtain access to sealed records?
Only authorized individuals, such as the judge, attorneys, and specific court personnel, can access sealed records. - Can the court disclose information to law enforcement without my consent?
Yes, if the disclosure of information is necessary to protect someone’s safety or comply with applicable federal or state law, you must notify the relevant parties involved. - What if my case involves a high-profile person?
The court may take extra precautions to limit exposure, but you must request those protections and provide reasons. - How do I protect my Social Security number in a court filing?
You must redact it from public documents and file it under seal if it is necessary for the proceeding. - Does the court always hold hearings in public?
Not always. In some instances, the court may close the courtroom to protect the well-being of a child or abuse survivor.
Contact a Family Law Attorney From CHM Law
Protecting your privacy in a family court proceeding is not just about peace of mind; it can be necessary to protect your safety, reputation, and well-being. At Colburn Hintze Maletta, we understand the seriousness of keeping sensitive matters confidential and the legal strategies designed to protect our clients in court.
Our attorneys have extensive experience in handling high-profile divorce cases, custody disputes, and cases involving domestic violence or abuse. We work closely with clients to prepare timely filings, ensure compliance with Arizona court rules, and advocate for privacy protections that serve your best interests.
If you are facing a family law dispute in Maricopa County, Pinal County, or anywhere in Arizona, call us today for a free consultation at 602-825-2500 or contact us online at https://chmlaw.com. We will help you take every precaution necessary to protect your rights and your family’s welfare, ensuring that all correspondence is handled with care.
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I went through a divorce years ago and never felt confident enough to spend the money and energy in getting custody of my son, nor believe it was possible until I met with Alysa and Whittney at CHM. From beginning to end it was about an 18-month-long process, but it was well worth it and I would recommend them to anyone. I can’t thank them enough. Their communication and accessibility was outstanding. Not only did they give me my son back, but they gave him the best possible chance at life! Aly and Whittney, thank you!!!
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Tim was most professional in dealing with this case. I know it was stressful for all waiting on doctors and getting the reports. He was able to explain things to my husband even with him being highly frustrated. He kept us all informed. Thank you, Tim!
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Because I was accused of felony DUI, we recruited David Maletta. The case was dropped to a misdemeanor DUI because of David Maletta’s excellent work. David Maletta went above and beyond to significantly improve a terrible situation because he genuinely cared about the case’s result. We are very grateful for all of his assistance. I would strongly suggest David Maletta to anyone facing a DUI offense.
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I recently had the privilege of working with Attorney Lauren Bostick, and I cannot speak highly enough of her exceptional legal representation. From the outset, Lauren demonstrated a remarkable balance of empathy and assertiveness, which truly set her apart. One of the most impressive aspects of Lauren’s approach was her unwavering empathy. She took the time to truly understand my situation and concerns, ensuring that I felt heard and supported throughout the legal process. Her compassionate demeanor provided much-needed reassurance during what was undoubtedly a challenging time. Moreover, Lauren’s assertiveness and tenacity were instrumental in securing a favorable outcome for my case. She navigated the complexities of the legal system with confidence and determination, advocating fiercely on my behalf. Thanks to her diligent efforts, I was able to achieve the custody arrangement I deserved and negotiate a fair settlement. In summary, Attorney Lauren Bostick is a consummate professional who goes above and beyond for her clients. Her combination of empathy and aggressiveness makes her a force to be reckoned with in the legal field. I am immensely grateful for her expertise and support, and I would highly recommend her services to anyone in need of legal representation.
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