Oakland, CA asked in Child Custody and Family Law for California

Q: How to obtain temporary custody while their mother and I go to court?

Without violating the court order cpo.

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1 Lawyer Answer
Mike Darlington
Mike Darlington
Answered
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: There is a lot of information missing from your question, but I can give you some generic ideas. First of all, if there is a criminal protective order in place (I'm assuming against you) you are bound by the terms of that Order and if the protective order includes the children as protected individuals you must obey the order to the letter.

However, some protective orders contain a provision allowing family law orders concerning custody and visitation to act as a limited exception to that order. If there is such a provision you would be best to return to family court and seek such an exception. Not knowing the underlying reasons for the CPO I cannot tell you how successful you would be in getting one.

You should not attempt to do this yourself, but get legal, local, competent counsel as the rules can be tricky and you want to make sure and not do something to harm your family law case or the pending criminal case. You should absolutely check with your criminal counsel before making any moves.

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