questions & answers

Question: I am the mother and legal guardian of my children. My mother does not like my boyfriend who isn't the father of my two eldest children but the father of my youngest. My mother filed for and was granted a protective Order against my boyfriend for my two eldest children. Is this legal?

Answer:

You may apply for and receive an Order of Protection if you meet the below requirements.

The defendant is:

• Your spouse or your former spouse.
• Your roommate or your former roommate.
• The father or mother of your child or your unborn child.
• A person that you were previously or are currently involved with either romantically or sexually.
• Your parent, grandparent, brother, sister, child, or grandchild.
• Your spouse's parent, grandparent, brother, sister, child or grandchild.

AND

The defendant committed, or is about to commit, any of the following:

Any dangerous crime against a child under 15 years of age (A.R.S. 13-604.01) which includes: second degree murder; aggravated assault resulting in serious physical injury or involving the discharge, use or threatening use of a deadly weapon or dangerous instrument; sexual assault; molestation of a child; sexual conduct with a minor; commercial sexual exploitation of a minor; sexual exploitation of a minor; child abuse; kidnapping; sexual abuse or continuous sexual abuse of a child; taking a child for the purpose of prostitution; child prostitution; involving or using minors in drug offense.

AND/OR

Any of the following acts in which the defendant:

• endangers;
• threatens or intimidates;
• assaults, including use of a dangerous weapon or causing serious bodily harm;
• kidnaps or unlawfully imprisons;
• interferes with the custody of a child unlawfully;
• criminally trespasses or criminally damages; disorderly conduct or stalks;
• abuses a child or vulnerable adult;
• interferes with judicial proceedings;
• uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend;
• harasses

http://www.superiorcourt.maricopa.gov/SuperiorCourt/ProtectiveOrderCenter/oop.asp