After a domestic disturbance, there is the possibility that law enforcement and agents with the Connecticut Department of Children and Families (DCF) can force you to leave the family home. This is a significant step that the state only takes in the most serious of cases.
Getting forced out of your home by DCF in Darien can cause upheaval in your life. In situations where you have done nothing wrong, this interference in your family members’ lives can be devastating. With the help of a skilled attorney from Mark Sherman Law, you could remedy this situation and return home.
Technically, DCF agents cannot remove you from your home on their own. They cannot physically force you out of the house. There is no legal mechanism that allows them to demand that you leave, unless they seek a court order requiring you to stay away from your family members or leave the home entirely. If you refuse to leave, DCF can also remove your child from your home for 96 hours without a court order, if they find that your child is at significant risk of emotional or physical harm. DCF agents can then seek a court order allowing DCF temporary custody of your children after the 96 hours expire.
Judges will not grant these orders without a good reason. For the court to place a child in DCF custody, they must show that there is a significant risk of emotional or physical harm. The standard for removing a parent from the home is also high.
In addition to DCF petitioning for your removal from your house in Darien, a criminal judge has the power to take this action. If you are released on bond following an arrest, it is not uncommon for the court to issue a protective order requiring that you stay away from your home while your case is prosecuted. Defending Against Removal
Whether you fear removal or DCF has already compelled you to leave, you have legal options available to you that can get you back into your home in Darien. It is vital that you work with seasoned legal counsel through every stage of this process.
Your attorney can undertake a careful investigation to determine if there are reasonable grounds to keep you from your house or your family. If there are extenuating circumstances, your lawyer can take steps to help you resolve these issues.
If you return to your home prematurely, you are in violation of a court order. This is a serious matter that can result in additional criminal charges. Regardless of why DCF forced you out of your Darien home, it is important that you comply with any court orders. If you are found guilty of violating a protective order, you can face jail time and fines.
In addition to the possibility of criminal charges, returning home without permission can have a negative impact on your DCF case. Investigators can decide that your refusal to comply with the order is evidence of your guilt. This can lead to a substantiation of abuse or neglect against you, which can impact your custody rights.
The risk is high in these situations, and it is critical that you comply with any orders from the court. A dedicated attorney can help you understand your rights and obligations during this difficult situation.
If the courts have asked you to leave your home due to allegations of abuse or neglect, it is crucial that you seek an attorney’s help right away. The team at Mark Sherman Law understands how difficult such a situation can be, and we have the experience to help you get a favorable outcome.
Want to learn more about our track record of success? We have more than 300 five-star reviews from satisfied clients. Contact us today about getting forced out of your home by DCF in Darien.
