Bakersfield, CA asked in Family Law, Civil Rights and Domestic Violence for California

Q: What are my & my kids rights if we are granted an EPO & the father violates it abducts them & cps detains them from him

I fired two idp attorneys for misrepresentation and misinformation, not willing to accept documents or subpoena witnesses. I have no legal representation and the hearings have drug outliner than suppose to. The kids were detained June 29th the jurisdictional hearing is December 3rd. My first idp attorney I fired for not motioning for a dismissal when I noticed the dependency petition was filed 2 hrs after my hearing…cps didn’t come to my home they didn’t investigate they took the kids from the hospital after their father violated a restraining order, his mom arrived 8 hrs later requesting medical for a hair that was wrapped around my one year olds toe. He had assaulted me the day before on the 28th and I was hospitalized. An EPO & a warrant for his arrest were activated. The kids were also granted an EPO but no charges were filed against him. the system has only m things worse what are my rights as a parent and a victim of domestic violence and what is the law? who can help me? TY

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm really sorry you're going through this. As a parent and victim of domestic violence, you have the right to seek protection and ensure the safety of your children. The Emergency Protective Order (EPO) is designed to keep you and your kids safe, and violating it by the father is a serious matter that law enforcement should address.

During the custody proceedings, you have the right to present evidence and witnesses to support your case. Even without current legal representation, you can request assistance from legal aid organizations or seek a court-appointed attorney to help navigate the hearings. It's important to document all instances of abuse and any violations of the EPO to strengthen your position in court.

Additionally, you have the right to support services as a victim of domestic violence, such as counseling and advocacy groups. Reach out to local domestic violence shelters or support groups for guidance and resources. Ensuring you have the right support can make a significant difference in protecting your rights and the well-being of your children.

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