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  1. #1
    Join Date
    May 2009
    Posts
    15

    Default CPS Report of Domestic Violence

    I have been charged with domestic battery. It was self defense, but I did leave a mark on my fiance.

    I have already spoken to an attorney and know that the charges will most likely not be formally filed under the circumstances. The state attorney for our district does not file charges like this, under these types of circumstances. So I'm not worried about that. (Well, I still am, because you never know)

    My biggest concern is this: My children were asleep in their rooms, never woke up, saw/heard anything that happened, but because they were in the house the arresting officer informed CPS. We have not heard anything from CPS yet.. I wanted to know if anyone knows what will happen. Will they want to take the kids into protective custody or what will happen.... Any direction you can give me is better than the direction I have right now.

    Thanks in advance.

  2. #2

    Default Re: Not Sure Where to Ask This

    If the case doesn't go anywhere and they get no further notices from police, or neighbors, or one of you against the other, or an anonymous report or something to spur action, odds are that they aren't going to be ravenous to investigate much further.

    If they were going to remove the children under the umbrella of "failure to protect" or exposure to violence, it would have been done QUICKLY (or would have been done quickly if there was a restraining order in place that was violated). At this point I suspect worst case scenario is that they could show up unannounced one day and want to interview you, and your fiance, separately and get a feel for what's going on. Depending on the age of the children, they might speak with them or at least pay careful attention to how the children interact with each of you during their visit.

    A first time where there's no pursuit of charges, no substantial injury, the children weren't directly involved or witnesses, and a weak enough case that it doesn't get picked up by the DA isn't going to put your family on their immediate hit list. However, with that said, you're on the radar now. ANY future incidents that come to their attention by any means could kick things into high gear immediately and whatever happens in the future, should there ever be a restraining order put in place against either of you, do whatever you must to ensure it isn't violated.

  3. #3
    Join Date
    May 2009
    Posts
    15

    Default Re: CPS Report of Domestic Violence

    Thank you so much!!!

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