Is the State ripping your children away from you? It’s an almost unbelievable situation. First you’re dealing with the trauma of being arrested and accused of something you didn’t do, and then all of a sudden you get released from jail and realize the State has decided to remove your children from your custody! You had no say in the matter, and weren’t there to defend your right as a parent. This can happen when your local Social Services Agency files what’s called an “ex parte order” with the local courthouse. “Ex parte” really just means “one party,” as in only one party gets the chance to come in to court and say anything about what’s going on! It’s no wonder that the State maintains such a high success rate in these types of situations, they have no one to argue against them.
If you have an experienced criminal defense attorney however, he would know that your arrest might have resulted in the loss of custody over your children. He would already be hard at work checking into whether such an “ex parte order” was filed against you, and what the terms of the order are. But most importantly, he would be able to prepare a §388 petition! A §388 petition is where someone asks the court to set aside a previous order or judgment because the judge either didn’t have all the evidence at the time he made the order, or because circumstances have changed so significantly that the order is no longer in the best interests of the children.
It’s important to make sure you retain an experienced criminal defense attorney as soon as possible, especially when your children and their well-being are at risk! Make sure you have an attorney who knows all the consequences of your predicament.