I'm a victim in a domestic violence case and my children's father also received a emotional child abuse charge. Cps came and I spoke with them and agreed we would do family counseling, but since then there father no longer lives with us. I told them that he no longer stays here and that we don't need to do the counseling because we agreed we were splitting up. They said they are going to take other steps and have a family decision meeting. Why is there an open case just on me and could they take my kids from me? They have spoke to my children and can clearly see they are taken care of my kids and house both are clean and they are safe.
Domestic violence is considered to be a very serious offense, rightly so. In cases where there has been domestic violence and a parent has failed to remove the children from that situation or protect the children from witnessing violence, the non-offending parent may have the children removed from their care if the Department of Child Safety ("DCS") finds the child(ren) to be in danger. The concern would be not that you are personally abusing the children, but rather you may have failed to protect the children or been negligent in keeping them in a home where domestic violence is occurring.
DCS may be concerned that the father may return to the residence. Another concern may be that the family counseling was recommended because the children had witnessed the domestic violence and DCS felt it was necessary for the well-being of the children.
Typically, when DCS has opened a case involving the immediate safety of children they provide a plan to each parent indicating what must be done. An example in domestic violence situations may be, Father may not have any contact/communication with the children. Another would be that the children and victim should attend specific therapy. Should DCS find that there has been non-compliance with a plan that puts the children at the risk of harm, they may determine it is appropriate to remove the children from your home.
The material on this website has been prepared and published for informational purposes only, as each case varies, you should consult a licensed attorney for advice. There is no effort or intention to solicit new clients or new engagements from existing clients by way of this website; nor should any of the information published on the website be construed as representing any of our lawyers' availability to practice in jurisdictions where they are not authorized to do so. Our attorneys are licensed to practice only in Arizona. None of these materials are offered, nor should be construed, as legal advice. Communication of information by or through this website and your receipt or use of such information is not intended to create an attorney-client relationship with Hall Underwood or any of the firm's attorneys. The creation of the attorney-client relationship requires direct, personal contact between you and our firm through one or more attorneys and would also require an explicit agreement by the firm that confirms that an attorney-client relationship is established and expresses the terms of that relationship. You should not act or rely upon information contained in these materials without specifically seeking professional legal advice from an attorney licensed to practice in your jurisdiction. Please visit https://www.facebook.com/Loronalaw/ for more information. Please do not email detailed information about your case without consent.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline