My husband and I had a domestic violence situation and the police notified DCP&P per policy. Being that our son was never in any harm or danger we did not initially speak with them in regards to our domestic situation. We had workers repeatedly call us, call family members, go to our families home, try to gain access to our home. We were told several times that we were going to be served with a court order.
In an effort to resolve the situation we allowed a worker to come into our home for a “wellness check”. Long story short he wasn’t interested in anything about our son. He wanted my husband and I to agree to their “services” for substance abuse, alcohol abuse, and mental health evaluations. No drugs or alcohol were involved and we have no history with either. We have no criminal records this is the first time the police/DCP&P were ever called to our home. Our home is well kept and filled with things for the baby. He left when we said we wouldn’t sign releases for our medical records. He called today and said they’re taking us to family court Thursday to make us go for these evaluations. We never received any written notice. He said the only notice we need was his call.
Thank you for your question. I'm sorry to hear that you are going through this. This is a very fact specific case and we need additional facts to better guide you. Generally speaking, parties to litigation are provided written notice and are granted the opportunity to retain counsel and/or respond to any allegations. I suggest you schedule a consultation with an experienced family law attorney to discuss further.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey law. Also, this information does not contain any confidential information and does not create any attorney/client relationship.
If you ignore DCP&P this is what happens. You need to lawyer up asap.
This information does not constitute Attorney-Client Privilege. Please speak with an attorney before representing yourself in Court, even if its just an in person consult.
You ignored them and they became reasonably concerned for the child. You need representation. Do not take this situation lightly.
There should be some notice but at this stage it is best to be proactive. Contact the court to see if you are on their calendar. You should cooperate fully with any investigation until it is closed. If there is a hearing on for Thursday, the judge does have the authority to refer you for an evaluation if he deems it necessary.
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