The Connecticut Department of Children and Families (DCF) is required by law to investigate allegations of child abuse or neglect. They conduct investigations to either substantiate or contradict the reports they have received. In some cases where short-term measures are necessary, they can seek protective orders separating parents from their children.
Protective orders and DCF investigations in Newtown may not be common, but they can happen in serious cases. It is important to understand the circumstances under which the court might take these steps. An experienced attorney can answer questions and provide insight into this process.
While there are no strict limitations on when DCF can seek a protective order as part of an investigation in Newtown, they usually are sought following a domestic violence arrest. Courts will typically enter these orders when children are involved, either as victims or witnesses.
Protective orders are issued by the courts, usually at the first hearing after a person’s arrest for suspicion of domestic abuse. When the alleged victim in these cases is a spouse, the court might also extend the protection order to include any children shared between the parties.
The court can issue this order without a formal hearing on the matter. Instead of allowing both sides to make an argument, a judge might issue a protective order based entirely on the police report.
It is worth noting these orders will not last forever. While the court can act immediately in emergencies, the parents are entitled to their day in court in short order.
Other alternatives exist outside of the orders issued by a criminal court. DCF can urge a person to pursue a protective order through civil courts if an arrest is not made.
When judges in Newtown issue protective orders amidst DCF investigations, they can include a number of requirements that apply to the parties. The conditions can vary dramatically from case to case, depending on what the judge believes is necessary to protect the complainant or their children.
The most basic orders issued by the courts prohibit contact between the parties. The person who is the target of the order is often prohibited from having any direct or third-party contact—digitally or in person—with their alleged victim. In some cases, this might even require them to move out of the family home and find new temporary lodging.
The consequences for violating a protective order are severe. Even if the underlying order was issued by a family or civil court and not a criminal judge, breaching the terms of the order could lead to felony criminal charges.
An arrest for violating a protective order will also further complicate matters with DCF and negatively impact its investigation. This can trigger an investigation designed to substantiate claims of abuse or neglect against a child.
If you are subject to a protective order and are also facing a DCF investigation, it is vital that you understand how this document could have a lasting impact on your life and freedom. Instead of attempting to navigate the issue of protective orders and DCF investigations in Newtown alone, reach out to an attorney from Mark Sherman Law for guidance you can count on. Click here to view our over 300 certified reviews from past clients.
