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Roger
Roger, Lawyer
Category: Criminal Law
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My girlfriend and I were in a domestic dispute that led to

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My girlfriend and I were in a domestic dispute that led to me being taken to jail and a protective order being put in place. When I bonded out, I was back at our home despite the protective order being in place, because neither myself or my girlfriend thought that there was any real risk posed by violating the order as the order was designed to protect her and she wanted to be around me. This of course was a huge mistake. Child Protective Services filed for the removal of the children and both my girlfriend and I were said to have provided negligent supervision. I am not the biological father of the children, so cps would not provide services to me, but I completed a number of classes, counseling, etc in the months following the removal in order to make myself seem to the judge a viable and nonthreatening household member. A few months later, the children still hadn't been returned and my girlfriend and I ended our relationship. She has moved out and found a place of her own and anticipates the kids coming home some time shortly after the new year. She and I have also reentered a conversation about trying to make our relationship and family work. My question is this. If I were to wait until the children returned and the case was dropped to reintegrate myself into the life of my family, could child protective services open a new case even though no protective order would be in place? Also, if the ultimate goal is to both get the children back with their mother as soon as possible, should my girlfriend and I wait until the case is dismissed, or should we make our intentions clear to the caseworker. I don't want the children in foster care any longer than need be, but I also don't want to be the reason for future trouble if we don't inform the caseworker now of what we are wanting to do. Your help would be very very much appreciated.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Criminal Law litigation attorney here to assist you.

 

Based on what you've said, the CPS issue really had nothing to do with the restraining order. Instead, it was regarding the fact that CPS believed that you and the mother were not properly supervising the children.

 

In that case, CPS could still keep an open file/investigate despite the fact that you have the restraining order lifted.

 

I would recommend that you speak with the case worker and discuss what you need to do - including having the restraining order dropped - to close the case against the both of you.

Customer: replied 2 years ago.

There is no restraining order. I have already spoken with the case worker in the past. My girlfriend and I were living together and they had knowledge of it. I participated in a number of services and completed each service that they had requested. This is the part that I don't understand.

 

And yes, the neglectful supervision was based upon the protective order as far as I know. Thanks anyway.

Expert:  Roger replied 2 years ago.
I assumed that the domestic disturbance resulted in a restraining/protective order.

I think your best option is to work with CPS to get the matter closed in order to put this behind you.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26096
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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