If the police respond to a call and determine that domestic violence likely occurred, they must make an arrest. If children were present and witnessed the incident, the police must also make a report to the Department of Children and Families (DCF).
Wilton DCF investigations after a domestic violence arrest complicate an already difficult matter. Attorneys at the Law Offices of Mark Sherman can protect your rights while helping you resolve the criminal charges and DCF investigation.
Domestic violence is a term that refers to a crime committed against someone with whom you have or had an intimate or familial relationship. When you live with someone, share children with them, are married to them, or were once married to them, any incident that occurs between the two of you can be charged as a domestic violence crime.
DCF considers exposing children to domestic violence to be a form of child endangerment. If a child witnesses physical violence between their parents, DCF might consider it child abuse.
Police are mandated reporters and have a legal obligation to make a report to DCF if they witness or suspect child endangerment, abuse, or neglect. Once reported, DCF will immediately start an investigation. If your children or any children were present during a domestic incident in the home, parents should be sure to contact a Wilton defense attorney immediately before speaking with DCF officials.
The police often err on the side of caution when making domestic violence arrests. With very little evidence, they can decide that there is probable cause to conclude that domestic violence happened. An arrestee may believe that they can resolve the charge with no consequences. However, even if a domestic violence charge is dismissed, a DCF investigation will proceed.
An investigator can determine that a child has been endangered, neglected, or abused based on their perception of the family environment. The outcome of the criminal case may have little impact on the outcome of the DCF investigation—in fact, the investigator may make their decision before the criminal proceedings are complete.
DCF investigations and proceedings are much different than criminal proceedings. To ensure that your rights and the rights of your family are protected, it is essential to work with a Wilton attorney with specific experience defending parents being probed by the DCF for violence in the home.
The DCF investigation process is described in Connecticut General Statutes § 17a-101g. If the initial interviews and home inspections indicate that children are not at risk of harm, DCF will proceed with a less aggressive and more limited Family Assessment Response. The FAR will focus on identifying services that can help the family function better.
If the DCF investigator is concerned that the children may be at risk, they will conduct a full investigation that involves interviews with healthcare providers, teachers, neighbors, extended family, and others. A Wilton lawyer is often able to limit DCF’s contact with people outside the household so that your family’s privacy is protected during their investigation.
A DCF investigator has 45 days to decide whether to close a case or substantiate a finding of abuse or neglect. A substantiated finding can lead to significant consequences. However, parents can appeal and, with skilled legal representation, may be able to overturn a substantiation decision.
When you are dealing with the aftermath of an arrest, the last thing you need is for a DCF investigator to arrive at your home and ask intrusive questions. Unfortunately, you cannot avoid the experience, but you can have the team at Mark Sherman Law on your side, supporting you through the legal process.
Our attorneys are adept at handling Wilton DCF investigations after domestic violence arrests—see more than 300 certified reviews on our Avvo profile. Contact us today for help managing your DCF investigation.
