While many investigations by the Connecticut Department of Children and Families (DCF) begin with anonymous tips or statements from mandated reporters, there are times when they begin because of an arrest. Darien DCF investigations after a domestic violence arrest can further complicate an already difficult situation.
In addition to your criminal charges, these investigations can potentially result in the loss of your custody rights. Given what is at stake, it is vital that you seek help from a seasoned professional. A dedicated attorney from Mark Sherman Law can help you protect your rights.
The police are mandated reporters. That means they have an obligation to notify the DCF any time they believe a child has witnessed or suffered from abuse or neglect. Even when juveniles are not the target of violence, the state considers them in danger if they were present at the time of a domestic incident.
Often, officers will notify DCF agents while they are at the scene of a domestic call. The investigation can begin immediately, with investigators speaking to the parents and assessing the risk the children currently face.
Once a domestic violence arrest triggers a Darien DCF investigation, it is vital that you seek legal counsel right away. This goes beyond the need for a defense attorney, as these investigations can directly impact your parental rights.
It is important to understand that a DCF investigation in Darien runs parallel to a domestic violence case. This is not a criminal matter, and DCF carries out the investigation independently from a prosecution.
Because the investigations are separate, one case may have little to no impact on the other. If the police arrest you and charge you with a crime, and that case is dismissed, it is natural to think that the DCF investigation will also come to an end. That is not the case, however, as DCF agents can determine that your children are in danger even if you are not facing criminal charges.
Your rights are different in each of these cases, and it can be confusing to know how to protect yourself. The best course of action is to rely on experienced attorneys who can advocate for you.
An important factor to consider is that you are under no obligation to cooperate with a DCF investigation. While they can request to speak with your children or view medical records, DCF agents do not have the authority to force you to agree.
In some situations, the best option is to comply with their requests and discuss the matter with the agents. However, that may not be the case if you are currently facing criminal charges. Discussions with DCF investigators are not confidential, and you can expect that prosecutors will use anything you say against you.
If you are facing both a domestic violence arrest and a Darien DCF investigation, you will have to balance protecting your parental rights while avoiding a criminal conviction. Our attorneys can advise you on how to strike this balance.
If the police charge you after a domestic incident, it is crucial that you take steps to protect your parental rights. The sooner you act, the better your chances of securing a positive outcome for you and your loved ones.
The Law Offices of Mark Sherman are here to help. With more than 300 five-star reviews from past clients, we are proud of our track record when it comes to helping parents with allegations of abuse against them. Contact us today to discuss Darien DCF investigations after a domestic violence arrest.
