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I got into a physical altercation with my mother who

Customer Question
currently lives with me in...
I got into a physical altercation with my mother who currently lives with me in army housing. My son got in the way and got his arm scratched. On that Monday he went to to school and told his counselor now I'm being investigated by cps. I am the service member and this can ruin my 14 yr career. I had to speak with CID as well they spoke so fast I'm not sure what I need to do. Do you think I could be charged?? Any help would be great. Also I'm 6 months pregnant. Will this affect this child as well.
Submitted: 2 years ago.Category: Military Law
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Answered in 1 hour by:
2/1/2016
Military Lawyer: Peter Griesch,
 replied 2 years ago
Peter Griesch
Category: Military Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified

Either jurisdiction, military or civilian, could investigate at this point.

If there was no intentional physical contact between you and you child, then it is unlikely the military or civilian will charge you with assaulting your child. Additionally, if your mother did not file a complaint, it is unlikely either will charge you with assaulting your mother.

In terms of CPS, of this was a one time incident, and was ancillary to a fight with your mother, they probably will close the report after investigating. However, to ensure that this doesn't happen again, and that CPS does not recommend removal of your child, I'd advise you have your mother move out.

CPS could see her presence as an ongoing threat of violence and remove your child. Additionally, if one child was removed, yes, they could do the same with a future child.

Both of these are unlikely, but are a possibility

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Military Lawyer: Peter Griesch,
 replied 2 years ago

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