Arizona Court of Appeals Div. 1: Case No. 1 CA-CV 24-0165 FC Filed January 9, 2025
Vanwormer v. Lopez
Key Legal Issues:
- Whether the superior court erred in continuing an order of protection by abusing its discretion.
- Whether Mother’s failure to protect the child from abuse constitutes grounds for an order of protection.
Resulting Opinion of Key Legal Issues:
- The court affirmed the continuation of the order of protection, finding no abuse of discretion in the superior court’s decision.
- The court held that an individual may be guilty of abuse if, having care or custody of a child, they permit the child to be placed in a situation where the child’s health or person is endangered.
Synopsis:
This case involves an appeal by Jasmine Lopez (Mother) against an order of protection granted to Zachary Vanwormer (Father) on behalf of himself and their child, C.V. The court emphasized that child abuse includes not only direct infliction of injury but also allowing or permitting a child to be harmed or to be placed in dangerous situations.
Outcome of the Case:
The Arizona Court of Appeals affirmed the superior court’s decision to continue the order of protection against Mother.