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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12365
Experience:  JD, MBA
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My mother and father-in-law abducted my daughter for one

Customer Question

My mother and father-in-law abducted my daughter for one full week. Violation of Penal Code 278 and 278.5. I wanted to get a restraining order so it didn't happen again but the judge turned it down stating there was no prior evidence of violence. For me this is unacceptable because on the weekends per my child custody arrangement my wife gets to see my daughter on the weekends the in-laws are at that same house. am I able to go to another judge to ask for a restraining order?
I do not want my in-laws anywhere near my child for fear they might abduct/kidnap her again this time for good
Submitted: 10 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 10 months ago.

Hello again.

Where your in-laws charged with a crime? Was there a conviction? If not, why not?

Customer: replied 10 months ago.
Why not what?
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

Was there a conviction? If there was not a conviction, why was there not a conviction?

Customer: replied 10 months ago.
Can I go to another court and get a restraining order?
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

The bot***** *****ne is that the answer is no. I'm sorry to say that you cannot go "court shopping" or "judge shopping" if you don't like a ruling. If the judge in your case didn't agree with you and ruled against you, then you have the option of appealing. In the appeal, you'd have to argue that the judge abused his discretion and ruled contrary to law. Note that the appeal should generally be filed within 30 days of the ruling.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 10 months ago.
That seems to be contrary to what your prior answer was. You are speaking about restraining orders correct?
Don't frame it as judge or court shopping that's not what this is
Customer: replied 10 months ago.
If this is your final answer I'm disappointed in the results could you pass it on to someone who would know more about this?
Expert:  TJ, Esq. replied 10 months ago.

Hello again.

I'm not sure what you mean by this: "That seems to be contrary to what your prior answer was." I am confused since I have only provided you with one answer. There is no prior answer. However, I will be happy to opt out and open this question to other attorneys for their input.

I truly wish you the best.

Customer: replied 10 months ago.
Didn't you answer this initially with this reply ....
TJ, Esq.TJ, Esq.
Family Lawyer
Hello again.Where your in-laws charged with a crime? Was there a conviction? If not, why not?
Customer: replied 10 months ago.
Then you went on to say "no you can't go shopping for judges etc. "
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

Q: Didn't you answer this initially with this reply ....

A: No, that was not an answer to your question. That was me asking you a question so that I had more background information. Also, my question to you doesn't at all seem contrary to my later answer. Accordingly, I'm still not sure what you mean by this: "That seems to be contrary to what your prior answer was."

In any event, I stand by my answer that you cannot request a restraining order due to the same issues from multiple judges until one of them grants it. The courts don't work that way. If the judge doesn't rule in your favor, then you can appeal. You cannot, however, start over again with a new judge. If you were to do that, and the new judge found out (which he almost certainly would), then he'd deny your request.

I am truly sorry for the bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response.

Customer: replied 10 months ago.
It's partially not your fault since you didn't understand or was not given enough information for the question. I wanted to get a restraining order against two people who abducted my child but the judge denied it until a trial date. Two weeks or more from the date I asked . For me that was ineffective. I wanted to get a restraining order immediately.
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

In that situation, you would appeal the judge's decision not to grant you the immediate restraining order. You would not go to a different judge to try to get the restraining order. A new judge wouldn't even hear the arguments. He'd tell you to go back to the original judge or appeal.

I'm really sorry that is not what you wanted to read. But it is the truth.

Customer: replied 10 months ago.
Thank you for your answer. The complication with answers like this is application. You post "it's a matter of going back to the judge to appeal". Easier said than done. Which applies to many of the answers on sites like this. ? Bear in mind that I do understand the disclaimer etc. that one signs off on before having answers to questions on "JustAnswer". It would be helpful if the answer contained very accurate actions and/or direct links to follow through on as opposed to suggestions which only leads to further confusion for the person asking an expert here.
In conclusion your answers have been good but I believe a bit too general and not accurate enough to be usable. And please understand I appreciate your expertise and also I understand the complication of not having every single detail in front of you so that you can make an accurate decision on an answer.
With much appreciation for your time… J