What is the name of your state?
California
Complex case between biological parents - custody of child after arrested for domestic violence. Will cps get involved? Can I leave the state without fathers permission? What if I have an emergency protective order and am able to get it extended? His court date is on Monday, with unknown release date. What is most likely to happen when being charged in a felony corporal injury case? What if I have nowhere to go and am being harassed by our roommate? What can I do?
First question, is the father your husband?
Second, has paternity been legally established? In other words, is dad on the birth certificate or has a court ruled that he is the father of the child?
Now, DO you have an Emergency Protective Order? If so, that is only good for 5 business days or 7 calendar days - whichever is later. You cannot "extend" the EPO, but you CAN go to a court and petition for a TRO (a temporary restraining order).
Yes, a cross report to CPS is mandated in such a situation, but these cross reports often fall between the cracks so it's not the near guarantee it once was. If CPS DOES get involved, chances are it will not have an affect on you unless you allow the father back into the home in violation of a restraining order.
If you have nowhere to go, speak to a domestic violence advocate, victim-witness advocate, or contact a DV shelter for assistance. A sa victim of a violent crime, you have access to certain resources including funds to help you relocate. Be sure to have the report number and pertinent information when you make these contacts. If you provide the county where you reside, I might be able to provide you with resources to assist you and the child.
As for leaving the state, absent a court order there is nothing preventing you from doing so. However, the father can still initiate court action with regards to custody and might compel you to return. Note that intentionally concealing the child from him (assuming he has legal right of access to the child) can be a criminal offense in CA so if you DO leave the state, you should do so only after speaking with legal counsel (sometimes available at DV shelters or through other victim services).
