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Keywords

attorneyhearingdomestic violence

attorneydomestic violence

Related Cases

In re Matter of Guajardo v. Graves, Not Reported in Pac. Rptr., 2016 WL 5462038

Facts

In 2010, the family court dissolved the marriage of Russell and Lilia Graves, awarding Lilia limited supervised parenting time due to her history of domestic violence and failure to complete required evaluations. In 2013, Lilia, represented by Guajardo, filed a petition to modify the parenting time order, claiming she had become a responsible parent. After a series of evaluations and hearings, the family court ultimately denied Lilia's petition, finding no substantial change in circumstances, and awarded Russell attorneys' fees and costs, holding Guajardo responsible as Lilia's attorney.

In 2010, the family court entered a decree dissolving Russell's marriage to Lilia Graves. Finding that Lilia had committed acts of domestic violence, was then subject to an order of protection limiting her contact with the parties' two children, had received little benefit from anger management classes, and had failed to complete a court-ordered mental health evaluation, the court awarded Lilia limited supervised parenting time with the children.

Issue

Did the family court err in sanctioning Guajardo by ordering him to pay attorneys' fees and costs incurred by Russell Graves?

Rule

A.R.S. §§ 12-349 and 12-350 allow for sanctions against attorneys or parties who engage in prohibited acts, including bringing claims without substantial justification.

Section 12-349 authorizes a court to sanction an attorney or party who brings a claim without substantial justification.

Analysis

The family court applied A.R.S. §§ 12-349 and 12-350 to determine that Guajardo's representation of Lilia was unreasonable, as she failed to provide evidence of a substantial change in circumstances necessary for modifying parenting time. The court found that Guajardo's actions, including not filing necessary documents and misrepresenting facts, warranted sanctions. The court concluded that Lilia's petition was groundless and that Guajardo should be held responsible for the fees incurred by Russell.

The family court found Lilia's efforts to modify parenting time were unreasonable because she had failed to articulate a substantial and continuing change of circumstances, and had failed to overcome and address the concerns it had identified when it originally established parenting time.

Conclusion

The appellate court affirmed the family court's order requiring Guajardo to pay $7,536.61 in sanctions, finding that the family court did not abuse its discretion.

For the foregoing reasons, we affirm the family court's order directing Guajardo to pay Russell $7,536.61 as a sanction.

Who won?

Russell Graves prevailed in the case because the family court found that Lilia's petition to modify parenting time was unreasonable and that Guajardo's conduct warranted sanctions.

The court found that there was no reasonable conflict in any of the facts 'determinative' to Lilia's request for modified parenting time and Lilia had failed to prevail on any of her claims.

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