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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband called CPS on my alcoholic uncle who is abusing

Resolved Question:

My husband called CPS on my alcoholic uncle who is abusing my cousin. My uncle and aunt blame my husband and cousin for "ruining their lives" their counselor and case worker told my aunt and uncle that, my cousin and my husband should not contact each. However no one ever informed my husband or myself of this. So if my cousin contacts us and we have never been told by anyone that we are not supposed to talk with him, do my aunt and uncle have any legal grounds to get us in trouble? By the way we live in Washington State, CPS has been called 4 times on my uncle and my aunt emotional abuses him as well. Hope thats enought info to answer the question.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, unless there is a direct court order in place that bars you from contacting (or being contacted by) any of those individuals, or if the cousin requests that you not contact him directly, there is absolutely no limitation on you contacting anyone in this situation. Since your husband was never informed directly either by CPS, court order, or the cousin, comments made to third parties have no basis of control over your or your husband. They cannot use it to get anyone in trouble because formally nothing bars anyone from speaking with one another.

Good luck.

Customer: replied 1 year ago.
Does this apply even if he is a minor and if there was or is a court order would we have been notified by someone? Also my cousin wants us to stay in contact with him because he doesn't feel safe at home.
Expert:  Dimitry K., Esq. replied 1 year ago.

April,

In cases where the person is a minor, the minor's parents or legal guardians could lawfully deny contact or communication. Since they have superior rights, they could inform you to no longer contact their child and you would have to comply with their request--but it against requires some sort of notice, be it written or even via phone or email. The fact the cousin wishes to stay in contact is unfortunately inferior in power to the parents, who can deny contact or access in this instance.

I am sorry.

Customer: replied 1 year ago.
Thanks so much for your answer. Just to clarify thought, if we did not get any written notice, phone call, or email communication from the parents, court, or cps. Then they cannot take any legal action againest us. Also if they decide to take legal action againest us, what type of action would it be. A restraining order or criminal charges? Sorry just concerned for my family and my husband in this situation.
Expert:  Dimitry K., Esq. replied 1 year ago.

April,

You are most welcome. I am glad to assist you this morning.

To clarify, that is correct that so far if you received no direct 'notice', either from CPS, the courts, or the parents, you are still able to initiate contact. But the moment you are informed that you are barred from communicating with him, you must do so, or go to court and seek specific visitation rights. That option is highly unlikely to pan out and will be an uphill struggle, although it is potentially possible to prevail if you could show the courts that this contact would be in the minor's best interest.

Should they pursue you, it would likely be as a restraining order--it is unlikely criminal charges would be pursued as there is no inherent criminal violation.

Good luck.

Customer: replied 1 year ago.

Thanks so much for your help, we really appreciate it.

Expert:  Dimitry K., Esq. replied 1 year ago.

April,

You are most welcome and good luck to you. If satisfied with my information, please do not forget to positively rate my answers to you so I may obtain credit. Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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