Courts issue protective orders to keep an alleged victim of physical abuse or stalking safe and free of harassment by the alleged perpetrator. Criminal courts usually issue protective orders after a domestic violence arrest. Civil courts can issue protective orders when someone expresses a reasonable fear that a family member or someone known to them intends to harm them.
Depending on the circumstances, a protective order can trigger an investigation by the Department of Children and Families (DCF). A DCF investigation is likely to occur if someone violates a protective order and children witnessed the incident or were impacted in some way.
You need a skilled attorney to help you manage issues relating to protective orders and DCF investigations in Wilton. A DCF investigation can complicate efforts to settle the matter that led to the protective order. More importantly, DCF has broad powers to intervene in your family matters, so it is critical to shut down the investigation as quickly as possible.
Criminal protective orders usually arise out of domestic violence incidents and stalking accusations. These orders can force a person out of their home and prevent them from having contact with their children. When a child is the target of the violence or when children witness an altercation, the police may make a referral to DCF.
Civil protective orders can also trigger a DCF investigation in Wilton when they are issued by the family court. A family court judge can issue a protective order when someone demonstrates that they have a reasonable fear that a family member or someone with whom they have or had a domestic relationship might harm them. If children are protected by the order or when the protected party and the subject of the order have children together, DCF is likely to get involved.
Protective orders often bar the subject from physically approaching the alleged victim or going to their home or workplace. The orders often prevent contact by phone, including text messages, and passing messages through third parties. Anyone who has a protective order issued against them should review the order with an attorney to ensure they understand all its prohibitions.
Violating a protective order is a crime even when the order was issued by a civil court. Connecticut General Statutes § 53a-223 makes non-compliance with a protective order a felony, punishable by a prison sentence and hefty fine. When the violation involves children or was witnessed by them, DCF will likely begin an investigation.
A court can issue a protective order with little evidence. Unfortunately, DCF also tries to err on the side of caution, and that can have serious implications for a family.
DCF takes the position that exposure to violence or even loud arguments in the home can be harmful to children. When issuance of a protective order triggers a DCF investigation, social workers can access both parents’ police records and driving records, can speak with their employers and with the children’s teachers, coaches, doctors, and others.
Parents benefit from engaging a Wilton DCF investigation attorney as soon as a protective order is issued to take control and manage DCF’s investigation and their involvement in your life. Our team can take proactive steps to limit the scope of a DCF investigation and protect the parent’s rights.
When a parent faces a criminal domestic violence or stalking charge, or charges for violating a protective order, DCF can use the results of the criminal matter against them. Moreover, when the protective order is issued from the family court, and there was a custody dispute, a custody evaluator may consider the opinion of the DCF case worker when making their determination.
DCF workers might also abuse their power by forcing parents to agree to participate in programs like anger management or substance abuse counseling. Agreeing to these conditions can keep DCF involved in the parents’ lives for years. If the parent agrees to accept these services and then does not fully comply, DCF may also petition to remove the children from the home.
An experienced DCF lawyer in Wilton understands the possible implications of an investigation and protective order. They can ensure the parent recognizes the potential consequence and develop a strategy to close the investigation without findings.
Protective orders serve an important purpose, but being the subject of a protective order is not proof that a person is dangerous or a bad parent. Even asking for a protective order can trigger a DCF investigation into whether a home is safe for children.
Work with an attorney who understands the relationship between protective orders and DCF investigations in Wilton. Call the Law Offices of Mark Sherman today and read some of the 300+ certified reviews from satisfied past clients on our Avvo.com profile by clicking here.
