Full question:
My husbands ex-wife came on the property of my house without my permission or notifying me and remove my husbands kids from the property during my husband___s parenting time. He is dealing legally with her as she in contempt of court___ HOWEVER, Can I also charge her with trespassing independently of that.
- Category: Real Property
- Subcategory: Trespassing
- Date:
- State: Arizona
Answer:
In Arizona, you may be able to charge your husband's ex-wife with trespassing. According to Arizona law, a person commits criminal trespass by knowingly entering or remaining unlawfully on someone else's property. This includes:
- Entering or staying on a residential structure without permission.
- Entering or staying in a fenced residential yard without lawful authority.
- Remaining on the property after being asked to leave.
Criminal trespass can be classified as either a felony or a misdemeanor, depending on the specifics of the situation (A.R.S. § 13-1504, § 13-1502). Since your husband's ex-wife entered your property without permission and removed the children during his parenting time, this could qualify as trespassing. However, it's advisable to consult with a legal professional for guidance on how to proceed with charges.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.