Behind courtroom doors: An Independent examination of Arizona family court

More Than Just A Job in Family Court

“I love helping families. I remember thinking, well OK big business suing somebody for breach of contract, you know? When you are protecting someone or serving as their advocate — this stuff really matters. Representing people in family court really matters.””

--- Kaine Fisher

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Records reveal domestic violence arrests across the gamut in two Arizona communities

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By Terrance Thornton
Twitter: @ININEWSMAN

Kaine Fisher is good at what he does.

As director of family law, and senior partner at the Rose Law Firm, he has seen it all.

“For the most part, if it involves the family, I am handling it,” he said.  “Really the only thing, I don’t handle are estate planning matters, like trusts, wills, guardianships and conservatorships.  But I handle pretty much everything else from divorce matters, legal separations , annulments, premarital and post-marital agreement, you name it.”

Fisher explains he had big plans of a career as a high-profile criminal attorney, but serendipity had different plans for him.

“I just loved the concepts of criminal law — all of it,” he said. “I think I took one family law class at Syracuse. I just thought I was going to be criminal, most likely, defense attorney. “After practicing in Bullhead City for about a year or so, I decided to start applying to jobs here in the city.”

Fisher took a job at a Scottsdale family law firm and was found to have a knack for those legal concepts as well.

“I had a very strong mentor and over time, I learned the ropes, and somewhere along the line, I got good at it,” he said. “It just took off from there.”

Today, Fisher leads a premier law firm department whereas he discovered an affection for helping those in legal need.

“The reason I have been successful in this field, I think. My parents divorced, and I really find myself caring about my clients,” he said. “I love helping families. I remember thinking, well OK big business suing somebody for breach of contract is one thing you know? But helping families – this stuff really matters. Representing people in family court really matters.”

In an earlier installment in this reporting series, The Scottsdale Police Department offered all arrests for domestic violence within municipal bounds.

The Records Department provided:

• In calendar year 2017 there were 218 arrests for domestic violence.
• In calendar year 2018 there were 224 arrests for domestic violence.
• In calendar year 2019 there were 207 arrests for domestic violence.
• In calendar year 2020 there were 220 arrests for domestic violence.
• In calendar year 2021 — through October 2021 — there have been 181 arrests for domestic violence.

According to 2019 population estimates, the city of Scottsdale has a population of 250,602 residents.

Fisher is no stranger to domestic violence situations emerging in court cases.

“It is not like one spouse gets more of the assets because there was domestic violence situation. But there are some tangential implications,” he explained. “When the case involves kids though domestic violence greatly impacts those cases.”

Fisher explains if domestic violence is a fact of the case it can have drastic implications no matter the alleged perpetrator.

“This really plays into the decision-making and parenting time,” he pointed out.

“The court isn’t going to want two parents with domestic violence in their history to have to make joint decisions about the kids. That does not lend itself to an effective co-parenting environment. The instances for opportunities for abuse is high and the environment is ripe for a violent situation.”

What does domestic violence mean in a courtroom?

“Domestic violence is a very broad definition. It is not broken jaws and black eyes — that is not it all,” he said. “It is coercive control, assault, verbal abuse... All of these things are more subtle than violence. Also, these days the posting of private pictures and online stalking.”

What does the legal system do right?

For Fisher, the No. 1 thing the local legal system does right for victims of domestic violence here in Arizona is an opportunity for protection.

“I think what the legal system does right is it creates a framework that affords protections for victims while also carefully scrutinizing claims of abuse,” he said. “It afforded the alleged perpetrator a fair opportunity to disprove it.”

Fisher offers a brilliant piece of the legal framework in family court is the concept there are established legal standing for both sides of the domestic violence claim.

“The structure of the law around domestic violence here in Arizona is that it accounts for both of those situations,” he said if there is a bogus or legitimate claim of domestic violence. “It is as close as you can get to a level playing field.”

However, Fisher also reminds there are two sides to this legal equation.

“I see it from both sides,” he said. “I see legitimate victims of domestic violence situations where there is real danger every day. But I also see people who manufacture claims of domestic violence to create legal leverage.”

But one observation Fisher has made is the lack of a public defender for family court cases.

“There are domestic violence shelters you can go to. There are also certainly programs, like the Family Law Assistance Program, where you can speak to a lawyer about your situation for 15 minutes, I actually did that for a while,” he said.

“One thing I don’t see, however, is a public defender’s office like we do for criminal cases.”

Fisher explains oftentimes a party in a family law case can be significantly disadvantaged if they cannot afford legal representation.

“The victim can get some guidance but doesn’t have the ability to have a lawyer represent her from start to finish in family court and that makes a difference.”

Fisher says it is a monumental ask of the public legal system.

“That is a huge ask, but that is what we are missing,” he said.