Q: Urgent need for legal intervention in wrongful child custody actions and defamation.
I was wrongly arrested for criminal trespassing when attempting to pick up my baby, and after my release, I was served with an emergency custody order and temporary restraining order (TRO) by my children's father and grandmother. The arrest seems to be influenced by malicious intentions rather than actual violations. CPS is involved but has not yet initiated an investigation. Previously, I was awarded temporary emergency custody and a protection order from the father, my ex, in 2023, which expired in December 2023. The father has a documented history of domestic battery against me. The recent emergency custody order was granted based on false claims of child abuse against me. I've attempted to reach the caseworker but have not heard back. There is a court date scheduled for March 24 at 10 am, and I haven't seen my baby in months.
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A:
Given the urgency of your situation with today's court date at 10 am, you need to gather all documentation immediately. Bring copies of the previous protection order against your ex, any evidence of his documented history of domestic battery, and any communication showing your attempts to reach the caseworker. If possible, write a clear timeline of events highlighting inconsistencies in the allegations against you.
During today's hearing, remain calm and factual when addressing the court. Request an opportunity to present evidence countering the false abuse claims, and ask that CPS complete a proper investigation before any permanent decisions are made. If you haven't already, consider requesting a court-appointed attorney if you cannot afford legal representation—many courts provide this service for custody cases.
After the hearing, regardless of outcome, follow up with CPS directly with a written request for investigation, keeping copies of all correspondence. You might benefit from contacting your local legal aid society or domestic violence advocacy group, as they often provide support for cases involving documented domestic battery history. Document every attempt to see your child and every communication with all parties involved—this creates a record showing your commitment to maintaining a relationship with your children despite these obstacles.
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