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You may not be able to get relief by an ex parte motion.....but it likely is a good idea to file for an emergency temporary restraining order to give you custody of the child....at least until these charges are resolved.....to make sure the child is protected and is not placed in a dangerous situation.
Generally, courts will grant temporary orders in the wake of a domestic violence charge against one of the parents.
You usually just file for the temporary custody order and then ask for an emergency hearing on the issue to get it before the judge as soon as possible.
Well, courts are required to do whatever is in the best interest of the child.....but even given that fact....judges are hesitant to take custody away from a parent. So, proof has to be extremely solid to have a good case.
But, the best way to start is with a temporary order that you can try to make permanent.
It is certainly an opportunity for you to gain custody -- at least temporarily -- which could develop into a permanent order if the judge see that it's fit to keep the temporary order in place/make it permanent.
The court, if it enters a temporary order, will set a hearing for a few months in the future.....and at that time the judge will decide to vacate the order OR make it last longer OR even to make it permanent.
That's up to the judge as to how long the order lasts....but it usually lasts for a few weeks to a few months. In this case, it could last until the domestic violence charges are resolved.
I'm not sure what the issue is, but I may be able to get an answer posted......
Usually, when one files a petition for a temporary order, it says that the relief requested is temporary until the court can have a hearing and determine permanent custody.