It is never easy to learn that you are the target of an investigation by the Connecticut Department of Children and Families (DCF). The outcome of these cases can alter your life dramatically, sometimes requiring you to relocate from your family home temporarily.
There are few consequences that are more serious than getting forced out of your home by DCF in Newtown. However, it is essential to remember that you have rights, and there are options for fighting back against this outcome. Let an experienced DCF defense attorney advise you of your options moving forward.
Under the law, DCF agents cannot forcibly remove a person from their home, even when they are the target of an abuse or neglect investigation. They can, however, seek a court order removing you or the child from your home, during a DCF investigation.
DCF has the power to petition a judge to issue an order that places a child in DCF’s custody for up to 96 hours if DCF can show to a judge that there is a substantial risk of physical or emotional harm to that child.
A criminal judge can also enter an order preventing someone from returning to their home following a DCF investigation in Newtown. This often occurs after an individual has been arrested under a suspicion of domestic violence. When a person is arrested in a domestic case, they are required to go before a judge and enter a plea of guilty or not guilty. At that same hearing—called the arraignment—the judge may enter a protective order prohibiting the accused from returning to their home and/or having any contact with their children.
If an arrest has not occurred, an alleged victim of family violence can seek a civil restraining order that may prohibit their spouse or parent from returning to the family home for a temporary period of time.
Violating a court order is a serious matter in Connecticut. No matter the circumstances that led to an order forcing someone from their home during a Newtown DCF investigation, refusing to comply could result in felony criminal charges. Returning home against the court’s orders, is a violation of a protective order and result in prison time and hefty monetary fines.
Additional criminal charges are not the only potential consequence in these cases. DCF can use violating a court order as evidence that abuse had occurred, which can increase the odds of substantiating the allegations against a parent.
The result of substantiating claims of abuse can mean further criminal charges, prolonging a person’s ban from their own home, and potentially removal of their children into the custody of DCF. An experienced attorney can help fight back against these worst-case scenarios.
If you are facing the prospect of getting forced out of your home by DCF in Newtown, now is the time to speak with an attorney. The right legal counsel can help you understand your rights and can assist you with charting a path forward. Reach out to Mark Sherman Law as soon as possible for a confidential consultation, and click here to view our Avvo profile with over 300 certified reviews.
