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Lawyer: Our kids were taken away. We'd had an argument, my…

Lawyer: Our kids were taken...
Lawyer: Our kids were taken away. We'd had an argument, my husband and I, and I'd called the cops. When they showed up they could see we were both intoxicated, so they gave us breathalizers, and even though we were well past the legal limit, I pointed out that I wasn't driving anywhere.The sheriff said in his good conscience, he couldn't leave the kids with us, and that he'd be taking them to a shelter. I said the kids were never harmed, and I wasn't harmed.The reason I called was because my husband is in criminal court for assaulting me, and I thought that argument might have escalated into violence toward me, not my children. No one was harmed.So anyway, what right did they have to take the kids? And what is the best way to get them back if I can't afford an attorney? The kids may be having court today, but we don't know. No one has called us and they won't let us speak with our children or give us any information.
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Answered in 4 hours by:
9/5/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,279
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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The fact you were both intoxicated and involved in a domestic dispute in the presence of the children gives the sheriff and child protection authorities the right to step in for the best interests of the children to remove the children based on your intoxication and domestic dispute. You have a right to be represented by an attorney and if you cannot afford an attorney, you need to go to legal aid and also to the public defender's office at the court. You would need to present evidence to the court that you do not have a substance abuse problem and the court will likely order you and the father to enter into both a substance abuse counseling program as well as a domestic violence program to get the children back.

So you need to get to a local attorney through legal aid or the public defender's office and they will find out today if there will be a hearing today and will get you representation and will also get in touch with the child protection social workers to set up any programs you will need to attend.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
What would a domestic violence program be like? Like anger management for couples, or?

Yes, a domestic violence program could be anger management or even a relationship class or substance abuse class (if alcohol or drugs were involved in the incident.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,279
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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Law Educator, Esq.
Law Educator, Esq.
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Satisfied Customers: 123,279
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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