Torrance, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: 3130 Order VS TRO?

We're married and no any court order about family law. I mean 100% clean about family lawsuit and condition in default. My wife took 3yo child away from me 2.5 weeks ago without my consent or court order and whereabouts is unknown. My guess they are staying in the same county shelter, so DA must know it. I'm going to file TRO with specific reason on Monday and I would like to learn 3130 order. I'm viewing DA website and they required "3130 order from court" by them to start to investigate child abduction. What form do I have to file for that? and the filing should be served to wife to get 3130 order? I think TRO is enough for DA enforce it. strongest of all other orders despite it's short life. Fyi, wife n child should be in county shelter. if I have TRO in effect, DA doesn't request 3130 order?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: A Temporary Restraining Order (TRO) is a court order that prohibits a person from engaging in certain activities, such as contacting or coming near the protected person or child. A TRO can be obtained quickly, without notice to the other party, and is intended to provide immediate protection in emergency situations.

A 3130 order, also known as a Welfare and Institutions Code section 3130 order, is an order that allows law enforcement to take immediate custody of a child who is believed to be in danger of harm or neglect. The order is typically requested by a law enforcement agency or child protective services and is issued by a court.

If you have reason to believe that your child has been abducted or is in danger, you may want to consider filing a TRO to protect yourself and your child. A TRO can provide immediate relief and can be enforced by law enforcement.

In addition, you may want to contact law enforcement or child protective services to report the abduction and request assistance in locating your child. If they determine that your child is in danger, they may seek a 3130 order to take immediate custody of your child.

It's recommended that you consult with an attorney or a legal aid organization to ensure that you are following the proper procedures and requirements for obtaining a TRO and a 3130 order in your specific situation. They can provide guidance on the process and help you navigate any legal issues that may arise.

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