Courts often issue protective orders when someone is arrested for domestic violence or when a person, including a family member, alleges abuse, stalking, or harassment. Although protective orders are generally standard in domestic cases, they can cause complications when the subject of the order and the person protected share children. In these instances, protective orders can trigger an investigation by the Department of Children and Families (DCF). If DCF is already investigating, a protective order may intensify the current investigation.
Contact an attorney at Mark Sherman Law immediately if you are in a situation involving protective orders and DCF investigations in Darien. You will need a lawyer who is skilled in defending parents in DCF investigations.
Two types of protective orders can be issued by Connecticut courts—a criminal protective order and a civil, often through family court, restraining order. Both bar the subject from approaching a protected person, contacting them, or harassing them in any manner. Regardless of which court issued the order, violating it is a felony.
Criminal protective orders are issued after a domestic violence arrest. The alleged victim of domestic violence does not have to ask the court for the order. The criminal court handling the matter can issue a protective order whether the alleged victim wants it or not.
Family courts issue restraining orders when someone claims that a member of their household is abusing, harassing, or stalking them or a child in the household. Family court restraining orders can also apply to co-parents not living in the same home. When the application for a restraining order involves abuse or neglect of a child and the family court finds it credible, the court may make a referral to DCF.
Connecticut General Statutes §17a-101 requires police officers to report to DCF suspicions of child abuse or neglect and when a child has been placed in a harmful situation. When a police officer makes an arrest for domestic violence and children are present, they must make a report to DCF.
Once reported, a DCF investigator will contact the parents within a few days of the incident. The investigator will want to interview each parent and the children. The criminal protective order could prevent the DCF investigator from interviewing the parents together.
DCF investigations can lead to the agency’s involvement in your life for months or even years after the criminal matter is resolved. It is important to respond assertively and shut the investigation down quickly. Contact a Darien attorney immediately before agreeing to be interviewed by a DCF investigator.
Sometimes, a DCF investigation is already underway when an incident occurs that leads to a protective order. The issuance of the order will likely intensify DCF’s scrutiny and make the investigation more difficult to resolve.
In many cases, DCF will pressure parents to agree to a safety plan if a court has issued a protective order. They may pressure parents to accept services like therapy, family counseling, substance abuse treatment, or batterers’ intervention programs.
Working with a skilled DCF defense attorney in Darien is critical when a protective order is issued during a DCF investigation. They can work to limit the burdens DCF may place on a family already struggling to resolve a significant issue.
If your family is dealing with a situation that led to a protective order, you are already under considerable stress. Under those circumstances, a DCF investigation is even more dangerous and challenging to handle successfully.
The attorneys at the Law Offices of Mark Sherman are highly skilled at managing the interplay between protective orders and DCF investigations in Darien. Take a look at some of the reviews from satisfied clients on our firm’s Avvo profile. Then, give us a call to get started.
