When the Connecticut Department of Children and Families (“DCF”) opens an investigation into allegations of child abuse or neglect, they are looking for support for allegations of abuse and neglect and working to protect the children involved. They are not tasked with determining “guilt” or “innocence” and they cannot convict you or put you in jail. However, the courts are often involved as well when there is an ongoing DCF investigation, which could lead to a finding of guilt or other serious sanctions.
One significant short-term action a court can take in response to credible accusations of child mistreatment is issuing a protective order. This order can substantially restrict your activities, including where you can go and whom you can interact with until the case is resolved.
Learn more about the relationship between protective orders and DCF investigations in Ridgefield, along with what you can expect if the court imposes a protective order against you by working with Mark Sherman Law.
Protective orders are most commonly issued in Ridgefield in response to an arrest for domestic violence. When children are involved, either directly or indirectly, the courts can extend protective orders to them as well. At an individual’s first court appearance, the arraignment, a protective order will be issued without having a hearing based on the police report and the evaluation of Family Services.
If there has been no criminal arrest, DCF may recommend that a parent or guardian seek a family court order of protection against the other parent or guardian to safeguard the children. This is a process through the civil courts and looks different from a criminal protective order, despite the penalties for violation being the same.
The terms that a court may include in a protective order issued in relation to a DCF investigation in Ridgefield can vary substantially from case to case, depending on what the person who would be subject to the order is being investigated for. For relatively minor charges or first-time offenders, the court may issue a partial protective order that prohibits the targeted party from engaging in any further family violence but otherwise does not restrict their actions while their case is ongoing.
Alternatively, the court may impose a residential stay-away order prohibiting the targeted party from being in the same household or workplace as any protected party. The most extreme option is a full no-contact order that prohibits all forms of contact between the targeted party and any protected party, including contact initiated by a protected party.
Even if you disagree with the basis of a protective order, it is crucial to comply with all the terms imposed against you. Violating a protective order can lead to serious criminal penalties, including hefty fines and significant prison time. Additionally, any violation will almost certainly be used by DCF as evidence to substantiate allegations of abuse or neglect while an investigation is ongoing.
Fortunately, you can contest petitions for protective orders and assert your rights during these proceedings. A capable DCF defense lawyer can help you navigate this process effectively. Call today to learn more about protective orders and DCF investigations in Ridgefield and check out our Avvo.com reviews at this link.