order of protection reversal and cps investigation

[whatcanidoo]

What is the name of your state (only U.S. law)? New York
I initiated an order of protection against my daughter but with to cancel it. But before I did a petition to cancel the order, my daughter was served but the order stated that my original petition "may more appropriately be an abuse and neglect petition" (for her children) What a mess this has become! And the judge ordered a CPS investigation or a 1034. This was NOT my intention!! Many people are commonly advised never to speak to CPS about anything. They often twist your words and make life miserable for all parties involved. So, I sent certified mail demanding that they cease and desist trying to contact me and my daughter did the same. As I stated before, my original complaint had no mention of children at all. I want to be prepared for what comes next. I did file the petition to end my with for an OOP but what can I expect or what can I do to put this whole mess behind us. My daughter is sorry for how she treated me. Again, this had nothing to do with children. Please help. Thank you.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Isis1]

Let's see if I have this correct.

Your daughter attacked you. You filed a police report. You were granted a restraining order. You also "casually" mentioned in your report your daughter was abusing and neglecting her children.

And now CPS is involved. You caused a mess there, didntcha?

Once CPS has a report, they are obligated by law to follow through and check on the children.

Your daughter will have to put up with your backlash. Congrats.

 

[stealth2]

If you don't want the authorities involved in your affairs, it's wise not to involve them. You did. Now you ALL get to deal with the fall-out. Don't expect this to improve your relationship with your daughter.

 

[whatcanidoo]

reply to isis1

Nope I didn't casually report anything about her children and I didnt have a restraining order. So you are incorrect. Congrats to you also.

 

[whatcanidoo]

reply to stealth2

I needed to file an OOP at the time as it turned out to be effective in deterring future ill behavior. And that is all that was needed. I don't think that she would have thought I meant business otherwise.

 

[stealth2]

Nope I didn't casually report anything about her children and I didnt have a restraining order. So you are incorrect. Congrats to you also.

Okay. But then...

Many people are commonly advised never to speak to CPS about anything. They often twist your words and make life miserable for all parties involved.

What words of yours did they twist?

 

[whatcanidoo]

If you don't want the authorities involved in your affairs, it's wise not to involve them. You did. Now you ALL get to deal with the fall-out. Don't expect this to improve your relationship with your daughter.

My relationship with my daughter is actually fine now.

 

[whatcanidoo]

Okay. But then...



What words of yours did they twist?

That's what I have yet to find out. But for now, I have filed a petition to reverse this whole mess.

 

[Banned_Princess]

That's what I have yet to find out. But for now, I have filed a petition to reverse this whole mess.

you cant stop the river of bs you opened, once it starts flowing. (the way it is now.)

 

[mistoffolees]

That's what I have yet to find out. But for now, I have filed a petition to reverse this whole mess.

Sorry, but you can't simply file a petition to make CPS drop the matter. Once they are involved, they are legally required to follow through.

Now, if you never made any allegations of abuse or neglect and they don't find anything, then life will go on as before (except that your daughter is likely to face increased scrutiny if someone else makes a claim later).

If you did make allegations and they were true, then your daughter could lose her child.

If you made allegations and they were false, you could find yourself in jail for submitting a false report.

Does that about cover the options?

 

[whatcanidoo]

you cant stop the river of bs you opened, once it starts flowing. (the way it is now.)

Are all you guys trying to scare me into BUYING legal advise? Hmm what is this website really about? The answers from all have been very arrogant to say the least. Everyone can't have the same personality LOL hmm...

 

[Banned_Princess]

Are all you guys trying to scare me into BUYING legal advise? Hmm what is this website really about? The answers from all have been very arrogant to say the least. Everyone can't have the same personality LOL hmm...

I don't know what you are talking about.

even a lawyer cant help you.


cps isn't going to back off because you want them to, and no lawyer is going to get them to back off either.

 

[whatcanidoo]

Sorry, but you can't simply file a petition to make CPS drop the matter. Once they are involved, they are legally required to follow through.

Now, if you never made any allegations of abuse or neglect and they don't find anything, then life will go on as before (except that your daughter is likely to face increased scrutiny if someone else makes a claim later).

If you did make allegations and they were true, then your daughter could lose her child.

If you made allegations and they were false, you could find yourself in jail for submitting a false report.

Does that about cover the options?

No because neither one of those statements is true.

 

[whatcanidoo]

I don't know what you are talking about.

even a lawyer cant help you.


cps isn't going to back off because you want them to, and no lawyer is going to get them to back off either.

I don't believe your qualified to provide that kind of legal advice...

 

[stealth2]

Were the kids present when your daughter did whatever it is she did (that caused you to file for an OOP)?