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Domestic violence restraining order and children.

Kent, WA |

I read online that if you have a domestic violence order if you go to remove the order due to wanting to return and have children CPS can get involved for :failure to protect" and take your children is this true? I was considering taking my ex back and dropping my order but i dont want to risk taking my kids away from me, they need there dad also. CPS hasent been involved so far. I was pregnant with my second when the DV order was put in place and once i had my child i placed her on the order after a violation of the order which was recommended by the police. What would happen if i dropped my order and decided to live with my ex and continue as a family? What are my the pros and cons to this idea?

Attorney Answers 1

Posted

How would CPS find out if you decided to drop it? I assume it's only for a year anyway? When does it expire naturally? What acts did your ex commit that warranted a protection order? Did they involve the children? If so, how?

Jack Berner,
BERNER LAW GROUP, PLLC

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The original order is exhausted in September 2011. He violated this order in January 2011 and the judge put a order on him in part of his probation for 2 addtional years. CPS was never involved. His acts he commited that caused the first one was threats,shoved me while pregnant,thru a cell phone at head(but missed),My son wasnt home when he displayed his domestic violence and i was pregnant at the time so our now daughter was not around during the time.I was told if i drop a order to resume a family or relationship with a person of Domestic violence that you placed a order on the court automatically referrs your case to CPS as a "failure to protect" and since its a law they can remove children. This is my concern....

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