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Verbal Court Order

DHS came and took my child from my home Thursday (8-19-10) when I asked if they had a court orde they said they had a verbal one from the judge? Is there a such thing as a verbal court order? PLease anyone help me I have court Monday and I need to know if there is a such thing?

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sandieroot

Asked by sandieroot at 6:56 PM on Aug. 21, 2010 in Parenting Debate

Level 3 (19 Credits)
Answers (11)
  • they need to show you a court order, if not, call the police and get your child back, or let the police figure it out, let them know you don't know of such an order.
    Get your kid back, call the police
    Anonymous

    Answer by Anonymous at 7:01 PM on Aug. 21, 2010

  • I would have made them show me written proof before allowing them to remove my kids. Yes judges can call stuff in but they are supposed to have documents to prove it, otherwise they can go back & make stuff up.
    Nyx7

    Answer by Nyx7 at 7:01 PM on Aug. 21, 2010

  • Have you contacted a lawyer? That's probably a good place to start learning about your rights, and where to go from here.
    blessedwithree

    Answer by blessedwithree at 7:01 PM on Aug. 21, 2010

  • Yes, DHS can ask a judge to give verbal permission to remove children when they believe there is just cause. This allows them to remove children immediately and not have to wait until "office hours" or for paperwork to be processed. It's allowed because it's often in the best interest of the children to remove them from what is thought to be a dangerous situation as soon as possible. No one ever wants to see a child be further abused or worse simply because DHS was waiting on paperwork from the judge.
    justnancyb

    Answer by justnancyb at 7:11 PM on Aug. 21, 2010

  • I am clueless about the law but the police was with them. Before they walked out I was one the phone with someone and they said ask them if they have a court order? The DHS worker said he had a verbal one from the judge, and that stumped the person on the phone so she just said I dont know. If the police are there its probably legit????

    I have contacted a lawyer but they are want $1500.00 down to start I am on disability and only get paid once a month so therefore I think I am on my own. Someone told me that if I could get a lawyer before court he could have it thrown out, because he has never heard of a such thing as a verbal court order? Is there a mother out there that knows the law or knows a lawyer to ask?
    sandieroot

    Comment by sandieroot (original poster) at 7:11 PM on Aug. 21, 2010

  • No you would've gotten it in writing. He is full of shit. Call the cops.
    hot-mama86

    Answer by hot-mama86 at 7:39 PM on Aug. 21, 2010

  • The cops was there when they came for my child. So what now I cant afford an attorney I go before the judge Monday at 1pm? I was told if I could have an attorney present he could have it thown out. I am so scared they went to here school ( she just turned 4 years old July 31) and asked her question she probably didnt understand so what now? I cant call the cops they was present when they was here at my house, I said in front of the cops what about a court order, DHS said we have a verbal one from the judge. The cops still did nothing and it being a small town you would have thought the cop that knew me personally would have said hey when you guys get a written court order come back untill then its time to leave. I dont know the law but the cops should have known and.
    sandieroot

    Comment by sandieroot (original poster) at 8:09 PM on Aug. 21, 2010

  • As another poster said, a verbal order can and will be issued if children's services believes the child to be in eminent danger. You need to go to court (you can have a public defender if you can't afford a lawyer, I believe), and find out what the charges are against you.
    Scuba

    Answer by Scuba at 8:21 PM on Aug. 21, 2010

  • call the cops, call a lawyer,
    ladybug36519

    Answer by ladybug36519 at 10:16 PM on Aug. 21, 2010

  • if they believe a child is in IMMINENT danger no they dont need a written court order, only a cop with them to remove the child.
    sati769leigh

    Answer by sati769leigh at 7:41 AM on Aug. 23, 2010

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