Domestic violence and child abuse are related. So when there is domestic violence, there is a chance for the CPS to get involved in ensuring the protection of the child.
Domestic violence is the subject matter of the family law court. Child Protective Services (CPS) is a specialized agency for the protection of children. They run here and there, where the child’s safety is even more jeopardized.
A brief introduction to the domestic violence
Usually, domestic violence refers to violent acts committed by a family member, household member, or intimate partner. It refers not only to physical actions but also to the spoken or written word.
The violent activities include hitting, kicking, scaring, throwing things, pushing, harassing, sexually assaulting, or threatening to do any of these actions.
Does CPS get really involved in domestic violence cases?
The CPS is not called in cases of domestic violence, but upon receiving the information, they can get involved in domestic violence where there is a risk to child safety. Because the children live in the same house, they are vulnerable to the situation.
Parents must adhere to certain guidelines. If you are familiar with that guideline, you will be able to determine whether or not they are conducting CPS investigations in accordance with it.
Apart from the law enforcement agency, the CPS usually gets information from the physician, a family member, a friend, or a teacher. It is up to them whether or not they will visit the location. If they visit your home to ensure the child’s safety, you do not have the right to request that they do so. You can only request that they follow the rules. You cannot ask about the details of the event.
When the victim needs to be hospitalized and the offender needs to be detained, the law enforcement agency is sometimes forced to call CPS. Where will the children stay? Definitely, it is the subject of the CPS.
What Will CPS Do?
The violence between the spouses does not threaten children, but if there is a possibility of any harm centered on the violence toward the child, they will conduct a “domestic violence assessment.”
As the child’s safety is connected with family violence, the CPS has the right to know about the violence.
To ensure the child’s safety and keep the child in the safest possible environment, the CPS will work with the parents to devise a plan. They will remove the child from the parents if it is necessary. In this case, you can only request that the CPS choose the alternative way.
Remember, if the CPS is satisfied that there is no longer a probability of danger, they will not do anything more.
What should you do?
If your child is taken away from you, you should follow certain rules.
- Never try to make an argument with the investigators.
- Show the CPS your best alternative location where your child can be kept safely, and the proposed location will not be easily denied.
- Obtain a statement from the CPS explaining why your children were taken away from you.
- You can also attend a detention hearing, a jurisdictional hearing, or a dispositional hearing.
Facing the allegation of domestic violence and the problems regarding the child creates a critical situation, so we suggest you meet with an experienced attorney and follow the procedure with his advice.
FAQs
- Does CPS get involved in domestic violence cases in California?
Researchers have established a link between domestic violence and child abuse. Therefore, Child Protective Services (CPS) in California can easily get involved when there is a claim of domestic violence.
- Do police follow up on domestic violence?
The police will be in contact with you and see you through the whole investigation. They aim to contact you within 24 hours of reporting the offense to let you know what’s happening.
- What comes under the domestic violence case?
Domestic violence means and includes the following: Causing hurt, injury, or danger to life, limb, health, safety, or well-being, whether mental or physical. Causing harm, injury, or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry.
- Do police get involved in domestic disputes?
Most police stations have Domestic Violence Units or Community Safety Units with specially trained officers to deal with domestic violence and abuse. You can call 999 in an emergency or 101 in a non-emergency or go to a police station to report an incident.
- Can domestic violence cases be quashed?
The apex court can quash the domestic violence case when the wife filed a vague allegations domestic violence case, or the husband has all appropriate evidence to prove his quashing case by telling the apex court that all allegations are false and vague in nature by producing the supporting evidence.