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Lan B Kennedy-Davis

Lan Kennedy-Davis’s Answers

3 total

  • Can CPS force you to file an injunctipn against your spouse?

    My spouse recently got arrested for DV against me. At the time it occured our child was present in the home. CPS was notified, I guess this "child abuse". Now they are forcing me to file an injunction against him or they'll remove my child. Can I ...

    Lan’s Answer

    CPS cannot "force" you to file for an injunction however if CPS has taken such a strong position with you, then you should consider the best interest of your child as CPS must believe that your child is at risk of imminent harm. If you fail to act in the best interest of your child and fail to protect your child from physical harm then CPS may have a basis to take action to protect the child including removal. Your issue is also fact driven and you should consult with an attorney to review and consider the totality of your circumstance. In the meantime, you and your child should be in a safe environment and away from your spouse due to the domestic violence.

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  • Can CPS force you to file an injunctipn against your spouse?

    My spouse recently got arrested for DV against me. At the time it occured our child was present in the home. CPS was notified, I guess this "child abuse". Now they are forcing me to file an injunction against him or they'll remove my child. Can I ...

    Lan’s Answer

    CPS cannot "force" you to file for an injunction however if CPS has taken such a strong position with you, then you should consider the best interest of your child as CPS must believe that your child is at risk of imminent harm. If you fail to act in the best interest of your child and fail to protect your child from physical harm then CPS may have a basis to take action to protect the child including removal. Your issue is also fact driven and you should consult with an attorney to review and consider the totality of your circumstance. In the meantime, you and your child should be in a safe environment and away from your spouse due to the domestic violence.

    See question 
  • Can a company automaticall renew a contract for (2) 3 year periods?

    A security monitoring has billed me for a full additional year even though I provided them with a three month notice of cancellation of my monitoring contract They state that their contract entitles them to automatically renew their contract f...

    Lan’s Answer

    If you and the company have entered into a written contract which provides for an automatic and reasonable renewal period, then it is possible that the agreement for renewal is enforceable. However, you should review your contract for your rights to terminate or not to renew your contract and the notice requirements. If your three months notice was made pursuant to and consistent with your notice to terminate provision then the company cannot refuse to accept your notice to terminate. You should send the company a letter and enclose your proof of notice of termination and demand that they correct their incorrect billing. If the company has made negative credit reports, then you may write to the credit reporting agency attaching your proof and dispute the negative credit report.

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