A judge sealed a child abuse report against my ex-boyfriend. I have Physical evidences. can i re-open the case or no?

my boyfriend abused my children and I physically but mostly mentally and emotionally through domestic violence abuses. Him and his family call ACS Child Abuse against me, but the report was indicated against my ex. month after i got a letter from family court, saying that a judge sealed the case because the agency didn't have enough evidence. I have physical evidences like pictures and medical record. what i can do to protect my and other children from being abused for him. ( he is facing criminal chargers for domestic violence).

Brooklyn, NY -

Attorney Answers (3)

Frank Stephen Ieraci

Frank Stephen Ieraci

Family Law Attorney - Buffalo, NY
Answered

Family Court judges may dismiss a neglect petition, but I am not aware that they can seal or expunge reports. This would be done by an administrative judge at the Office of Children and Family Services. If the indicated report were reversed, new evidence can be brought forward in a new report. But it had better be very conclusive. They cannot keep indicating on the same evidence.

If he is facing criminal charges, I assume there is an order of protection in place. This will keep him away for a while. You don't indicate if your children are also his children. If not, the way to protect them is to keep him away.

If he is the father of any of the children, he has rights to visitation. You can use your evidence to try to limit his access and get it supervised. But the most important thing you can do for your children is to stay away from him and from other men like him.

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Marco Caviglia

Marco Caviglia

Personal Injury Lawyer - Poughkeepsie, NY
Answered

The matter of the complaint being sealed is if there was no credible evidence, which I understand from your statement referred to the complaint against you. But in his case, the matter was "found" so will be a matter of record as to him.

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Jayson Lutzky

Jayson Lutzky

Family Law Attorney - Bronx, NY
Answered

Give the police the proof of domestic violence in the criminal action. You may wish to consult with an attorney before you do that.

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