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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A man is pending court for a domestic violence 3rd degree charge.No

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A man is pending court for a domestic violence 3rd degree charge.No arraignment yet. DHR became involved because it was stated that a child witnessed an altercation between husband and spouse. There is no seperation order or restraining order or any kind of legal directive given by a judge stating that the husband can not reside with family. Can DHR dictate on their own to the husband that he can not return to his residence where family is.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, DHR has a right to prohibit contact without a court order as part of their duty, obligation and rights to protect children. If the husband violates the order from DHR, then DHR's recourse is they will 1) Remove the children from the home involuntarily and 2) go to court for a court restraining order (this is how DHR enforces their order to stay away without a court and within their authority).

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