i am being charged with assult and battery because my ex boyfriends fiance was yelling the f-word at me and my daughter was in the house. so i went back up to the door and knocked on it and said give me my daughter. at this point were arguing and the fiance pushes her way through my ex to the door and i wasnt sure what she was going to do so i grabbed her hands and pulled her out the door, she tumbled on to the groung. she stood up and came at me again so i grabbed her hands and told her we needed to stop. the fight contiuned and i finally got my daughter and left, she procced to go to the cops and file a complaint out of spite. cps called my house then came to it and has already been to theres. could i get my daughter taken away from because im being charged with an A/B on a fight...
Whenever CPS becomes involved with a family a worker is assigned to determine if abuse and/or neglect occurred, and to classify the risk level to the child if a determination is made as to abuse and/or neglect. The investigation, if it occurs, can be separate from any determination made with regard to criminal charges. If the worker substantiates the abuse and/or neglect and determines that the risk is low to the child, CPS can offer in home services to correct the situation. If the parent fails to abide by the in home services, or if the CPS worker feels that the child is at risk of harm, a petition can be filed with the county juvenile court to address the situation. A parent(s) failure to cooperate with the investigation may be a basis for the CPS worker to pursue having a petition filed at Court. However, the statements that a parent makes to a CPS worker, or anyone, can be used against him or her at Court.
After CPS investigation, if the situation is deemed an emergency the child can be removed from the parent(s) pending an initial hearing. A petition can be authorized by the Prosecutor and/or CPS to address the alleged abuse/neglect in court.
At the initial Court hearing the parent(s) have the right to demand probable cause testimony before a referee as to whether any form of abuse/neglect occurred. The probable cause testimony can be based upon hearsay, and in most cases the petition is authorized by the referee to be scheduled before a trial court. If the petition is authorized before a trial court, the referee will make a determination as to where the child will live while the case is pending, and what form of visitation (if any) the parent(s) will be allowed with the child.
The trial court is either a referee, a Judge, or a Jury. There are 2 types of petitions that can be filed: permanent wardship and temporary wardship. Permanent wardship means the Prosecutor and/or CPS is trying to permanently sever the parents legal relationship to their child. Temporary wardship means that the Prosecutor and/or CPS is seeking the parent(s) to enter into a contract, which is called a parent agency agreement, for the parent(s) to complete certain tasks (for example, parenting classes, counseling, substance abuse treatment, mental health treatment, etc., etc.) in order for the child to be returned and for the involvement of the court to end. If the parent(s) does not comply with the parent agency agreement, or does not make fast enough progress to address the issues that lead to the Court's involvement, a supplemental petition is filed seeking termination of parental rights.
If a petition is filed with the Court the parent(s) can either seek to retain a lawyer, or be represented by a Court appointed lawyer. An attorney, called a guardian ad litem, is appointed by the Court to represent the interests of the child. The guardian ad litem is required to visit the child before each Court date. The guardian ad litem is usually asked to give his or her opinion about the placement of the child and the parent(s) visitation. However, it is always up to the assigned referee or Judge to make the final determination.
With your situation, it is hard to tell what the intention of CPS is. The worker assigned to the case sometimes has a lot of discretion in terms of how the matter is handled. You can hire a lawyer while CPS investigates the case to try to persuade CPS not to file any type of abuse and/or neglect charges.
Under the circumstances you've described, I seriously doubt that it will happen. And assuming that it does, I really can't see a Family Court judge keeping your daughter out of your home over this. The allegations are that you assaulted your ex-boyfriend's girlfriend, not that you abused or neglected your child. Since this isn't a domestic assault, I don't see the likelihood of your child being removed from your care as being high.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline