Domestic Violence/CPS

[D. Adams]

What is the name of your state (only U.S. law)? NY
I had a dispute with my kids father and I called the cops and he was not arrested and the cops called CPS. Can CPS force me to get an order of protection because i didn't want one againist him.

 

[Antigone*]

What is the name of your state (only U.S. law)? NY
I had a dispute with my kids father and I called the cops and he was not arrested and the cops called CPS. Can CPS force me to get an order of protection because i didn't want one againist him.

No, they cannot force you do to anything, but if they feel your children are in danger and you fail to act, they can and will remove the children.

 

[liandrajade]

Why did NYPD call CPS? What else is not being told to us here? What happened between you and him that made them call?

While they see many domestic disturbance calls a day, they are not going to call CPS out of the blue unless there was a DEFINITE danger to the children when they got to the scene. You need to be a little more clear on what exactly happened. But yes, if CPS tells you jump through a hoop on fire with bubblegum on your forehead, I'd suggest you do it.

 

[LdiJ]

Why did NYPD call CPS? What else is not being told to us here? What happened between you and him that made them call?

While they see many domestic disturbance calls a day, they are not going to call CPS out of the blue unless there was a DEFINITE danger to the children when they got to the scene. You need to be a little more clear on what exactly happened. But yes, if CPS tells you jump through a hoop on fire with bubblegum on your forehead, I'd suggest you do it.

Yes, its a bit odd that they did not arrest dad, but still called CPS and CPS is apparently trying to require you to get a restraining order against dad.

I would not recommend going against CPS unless you are willing to risk having your children removed from you, or could afford a strong attorney to represent you.

 

[D. Adams]

Why did NYPD call CPS? What else is not being told to us here? What happened between you and him that made them call?

While they see many domestic disturbance calls a day, they are not going to call CPS out of the blue unless there was a DEFINITE danger to the children when they got to the scene. You need to be a little more clear on what exactly happened. But yes, if CPS tells you jump through a hoop on fire with bubblegum on your forehead, I'd suggest you do it.

In the police report i mention what happened with me and him and it's nothing in the report that says he did anything to the kid or the kid was in danger.

 

[mistoffolees]

In the police report i mention what happened with me and him and it's nothing in the report that says he did anything to the kid or the kid was in danger.

Well, if CPS says you must file a report, then you must file a report or risk losing your kids. File a report that is completely factual and explains exactly what happens.

If there's nothing to indicate that you or the child are in danger, then you won't get a protection order - and CPS won't care. They simply want you to FILE.

 

[CdwJava]

Why did NYPD call CPS? What else is not being told to us here? What happened between you and him that made them call?

In many jurisdictions it is standard procedure to notify CPS when they respond to most any DV incident where children are in the home whether an arrest is made or not. They may not call them that moment, but a referral will be forwarded to their office. Whether that was the case here, I cannot say.

 

[CdwJava]

In the police report i mention what happened with me and him and it's nothing in the report that says he did anything to the kid or the kid was in danger.

If you allow him to remain in the home and are effectively tolerating his abuse against you, that puts the child in danger of not only being injured in the future, bu increases the likelihood of him one day becoming an abuser like dad. DV is often a learned behavior.

You can always decline their request, but if there are future incidents it may very well come to pass that they will seize your child for his or her own safety.

 

[liandrajade]

In many jurisdictions it is standard procedure to notify CPS when they respond to most any DV incident where children are in the home whether an arrest is made or not. They may not call them that moment, but a referral will be forwarded to their office. Whether that was the case here, I cannot say.

Interesting, so the call may have just been SOP for that situation they responded to then? Which I can understand, I am still curious as to why we are all being given the impression CPS is making her file a restraining order.

It still leads me to believe there is way more to the story than the OP is giving, maybe not but with no details as to what occurred, we can just guess.

 

[Just Blue]

In the police report i mention what happened with me and him and it's nothing in the report that says he did anything to the kid or the kid was in danger.

Yes. In the Police Report.

But REALLY happened? What are you, OH so CAREFULLY, not telling us?

 

[D. Adams]

Interesting, so the call may have just been SOP for that situation they responded to then? Which I can understand, I am still curious as to why we are all being given the impression CPS is making her file a restraining order.

It still leads me to believe there is way more to the story than the OP is giving, maybe not but with no details as to what occurred, we can just guess.

Her main focus is to get an order of protection. She pettion me into court for false allegations. Her allegations were not in the police report. And who ever called on me reported neglect and malteatrment so I am still trying to figure out why she is trying to put me through all of this grief when she doesn't have any evidence of neglect and maltreatment. And at the hearing she request for Temp. OP and we it was granted until next court date. My kids father doesn't live with me.

 

[CdwJava]

You can always decline to get that restraining order and see whether or not CPS can actually convince a court to remove the children. I think the key is whether or not you can convince them that the children are safe from witnessing abuse when in your care. If you continue to allow your abuser around you, they will likely take action.

 

[Just Blue]

Her main focus is to get an order of protection. She pettion me into court for false allegations. Her allegations were not in the police report. And who ever called on me reported neglect and malteatrment so I am still trying to figure out why she is trying to put me through all of this grief when she doesn't have any evidence of neglect and maltreatment. And at the hearing she request for Temp. OP and we it was granted until next court date. My kids father doesn't live with me.

I had a dispute with my kids father and I called the cops and he was not arrested and the cops called CPS. Can CPS force me to get an order of protection because i didn't want one againist him.

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[liandrajade]

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So, OP, are you a man or a woman or both, B/c based on what you posted, ya sound very very confused there OP. If you lied on who you were in this situation, no one else is going to help you here. I'd get a lawyer if I were you.

 

[D. Adams]

So, OP, are you a man or a woman or both, B/c based on what you posted, ya sound very very confused there OP. If you lied on who you were in this situation, no one else is going to help you here. I'd get a lawyer if I were you.

First of all I'm an woman and second of all I'm not confused and I didn't lie on no one who was in this situation I told the police what happened and just for the record I have lawyer and don't judge me if you don't know me.