Q: I am going through a child custody case with a DVRO against me. Am i allowed a Public Defender ?

A: To answer your questions:

1. Public Defender for child custody cases:

In general, you are not automatically entitled to a public defender in a child custody case, as these are typically civil matters, not criminal ones. Public defenders are usually appointed for criminal cases where the defendant cannot afford an attorney and faces potential jail time.

However, if your child custody case is part of a larger criminal domestic violence case, you may be eligible for a public defender for the criminal aspects. For the civil custody portion, you would typically need to seek other options for legal representation.

2. Appointing someone to represent the children's interests:

Yes, you can request that someone be appointed to represent the children's best interests. In California, this person is often called a "minor's counsel" or "attorney for the child." The court can appoint a minor's counsel on its own motion or at the request of either party.

To request a minor's counsel:

- You can file a motion with the court asking for the appointment.

- The judge will consider factors such as the complexity of the case, the need for an independent voice for the child, and whether there are allegations of abuse or neglect.

- If appointed, the minor's counsel's fees are typically split between the parents, though the court may adjust this based on financial circumstances.

It's important to note that while you can request this, the decision to appoint a minor's counsel ultimately lies with the judge.

Given the complexity of your situation, especially with a DVRO (Domestic Violence Restraining Order) involved, it would be beneficial to consult with a family law attorney or seek assistance from a legal aid organization that specializes in family law. They can provide more specific guidance based on the details of your case.