If you have children and you have been arrested for disorderly conduct arising from an alleged domestic violence incident, you have more to deal with than just a criminal charge. The Department of Children and Families (DCF) is almost sure to open an investigation into your family.
You need skilled legal help if you are facing a Wilton DCF investigation after a disorderly conduct arrest. The attorneys at Mark Sherman Law can provide effective representation in criminal court and throughout a DCF investigation.
When police are called to a home for a domestic disturbance, they have to arrest someone if they believe an incident of family violence occurred. Family violence can encompass threats and intimidation, not just physical violence. The person arrested is often charged with disorderly conduct because this crime has a broad definition in law, allowing the police to bring this charge when more specific charges do not fit the circumstances.
Connecticut General Statutes §17a-101 makes police mandatory reporters of suspected child abuse or neglect. Exposure to domestic violence is considered harmful to children, and the police will report a disorderly conduct arrest to DCF if children were at home at the time of the disturbance, even if they did not witness the alleged incident.
DCF must open an investigation as quickly as possible and usually does so within 24 to 48 hours. A DCF social worker will typically come to the home without an appointment and demand to inspect the home, interview both parents if they are available, and interview the children outside the parents’ presence. Parents should politely tell the social worker that they need to speak to their Wilton attorney before scheduling a home inspection and interview.
It is important for parents to understand that DCF can decide that you endangered your children even if the parent who was arrested is never convicted of disorderly conduct. Parents must, therefore, give the DCF investigation their full attention and not expect that defeating the criminal charge will resolve their DCF matter.
A Wilton DCF defense lawyer can be with you while the investigator interviews you. Nothing said to a DCF investigator is confidential, so a legal professional will ensure that the investigator’s questions are focused specifically on whether your children were abused, neglected, or endangered.
The investigator will also want to interview each of your children separately and outside of your presence. In many cases, a legal professional can be in the room to observe the children’s interviews.
DCF has a two-track investigation process. When the investigator believes that a child may be at risk of harm, they conduct a full-scale investigation. This involves interviewing many people who might know you, your spouse, or your children.
If the investigator does not believe your children are in danger, they may proceed with a family assessment response (FAR). This focuses on resolving issues within the family that might have contributed to the alleged domestic violence incident.
A DCF investigator may try to take advantage of the stress caused by the arrest. They might claim that your legal problems will increase if you do not sign a safety plan obligating you to participate in programs the investigator recommends. Never sign an agreement with a DCF worker before your Wilton attorney has reviewed and possibly revised it.
If you have been arrested for disorderly conduct after a domestic violence incident, you are already trying to manage a stressful situation. The subsequent DCF investigation presents another difficult hurdle.
Attorneys from the Law Offices of Mark Sherman are experienced at handling Wilton DCF investigations after a disorderly conduct arrest. Take a few moments to read some of our certified Avvo reviews, and then reach out to get help with a DCF investigation.
