Q: Best way to file a CLEAN OOP in a family custody case after original OOP was taken apart?
We obtained an OOP in June of 2022 on behalf of my minor daughter for abuse she suffered at the hands of father. HE left her outside in the heat without food or water last year in May. WE DO have a case in family court but it was HER OOP so I was on the order just because im the adult filing. Father made FALSE allegations to DCS (after we fled the home with OOP) and he found and assaulted us afterwards. There were PHX city charges filed in SEPT 2022 and he took a plea in FEB 2023. During the DCS juvenile proceedings he fought to have my daughter removed from her own OOP to have DCS “Assess” him for reunification and placement with him. Juvenile case dismissed in Dec 2023. Minor went home to MOM - Joint legal decision making. 5-2-2-3 visits. Question is: Can i file a NEW OOP for her since she has now disclosed molestation with him bathing her naked with a wash rag at 8yrs old while i was at work? Should i file police reports and charges? Should New OOP he hers since i was not present?
A:
While, yes, you can file a new OOP, that may not be the most appropriate way to handle this situation.
This is better handled by filing an emergency motion in the family law case. OOP's are not meant to circumvent the custody courts.
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