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can police enter home . . .

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sharijl

Guest
I live in NC with child. (court order written, and other party live, in VA)

Q: If there is a valid court order giving visitation to one party in VA, and the second party, with primary physical custody of child in NC refuses to let child go with second party, can the police physically enter the second parties home and get the child without a warrent?
 


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Boxcarbill

Guest
sharijl said:
I live in NC with child. (court order written, and other party live, in VA)

Q: If there is a valid court order giving visitation to one party in VA, and the second party, with primary physical custody of child in NC refuses to let child go with second party, can the police physically enter the second parties home and get the child without a warrent?

Police can and, in fact, often do things without the legal authority. So, yes, anyone can do anything that they wish but it does not necessarily follow that they have the legal authority to do it. The police are there to enforce the law not to make judicial determination regarding visitation and child support orders. This is civil in nature and it is the Court who decides whether there has or has not been a contempt of its order. If there has been domestic violence, then, yes, the police can enter without a warrant. If the police have been invited into someone's home by someone with authority or with the appearance of authority to invite them into the home, then they can enter. There are other criminal flight and imminent pursuit exceptions but that is well beyond the scope of this section of the board and best left to criminal threads on the board.
 

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