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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I currently had a 5150 and was put in a facility until just

Customer Question

Hi.
I currently had a 5150 and was put in a facility until just recently released.
My husband had called the sheriff and they handcuffed me and took me away to the ER then to the psychiatric facility for an evaluation. They released me after having a hearing in front of a panel of health professionals and an officer.
I have two questions. My children were in their rooms at the time of the arrest and I was told that the sheriff by law is mandated to it to CPS because they were in the home at the time of the 5150 arrest. Do you know if this is true? Can I call the Sherriff and find out if anything was reported?
Secondly, my husband said he was considering a restraining order away from the kids but then later decided to communicate with me since I have a follow up plan to attend classes for my issues and seek medical attention for my anxiety.
He however asked me to move out because my oldest daughter needs time while she sees a counselor.
I understand this and want the best for her, but I need to know my rights.
Can he get a restraining order? I'm considering an attorney as well. What type of attorney should I look for?
Thanks,
Mickey
Submitted: 9 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

A CPS report will often be made in these circumstances, but not always. You can contact the sheriff's department's records division and ask for a copy of your incident report to see if the sheriff made such a report - but it is possible that a referral was made at some other stage in the 5150 process as well (I don't know the details of your case).

However a CPS report in and of itself does not mean anything other than the CPS investigator will look into the police report and possibly the 5150 hearing to determine whether any further investigation is necessary. (You may receive a letter from them saying "I heard you may need assistance?" CPS offers resources to families as well as their more aggressive interventions for children that are in immediate need of protection).

I do think that retaining a lawyer is probably a good idea for you, I don't know that you are going to need to do anything overly litigious at this time, but it is probably worthwhile to speak to one (especially before you do something like move out of your residence).

A family law attorney would be the ideal specialist to talk to (your overarching concern/issue is the continued custody and concern for your children), but try to find one that at least has some experience with the 5150/conservatorship process (there are not a lot of attorneys that deal with this particular area of law (unfortunately most individuals that find themselves in this process do not have adequate resources to defend themselves and are left with the public defender's office), but do at least ask).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 9 months ago.
It was helpful thank you.
Expert:  CalAttorney2 replied 9 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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