Domestic violence? Child Protective Services?

Question

Please only answer if you've been through it or have knowledge on it.

I was recently in a situation with domestic violence where my daughter's dad and my former fiance beat on me. HE was arrested for it. Child Protective Services came to my home about it. I was told it was a routine thing. But was asked questions that made me feel uncomfortable. Like about how I take care of my daughter and if I had ever seen a mental health counselor and so on. I was the one who got hurt. So the questions seemed odd to me. Has anyone been in a domestic violence situation where they visited you after it happened and asked you questions though you were the victim?

Answer 1

I've dealt with countless DV situations as a defense attorney.  Yes, the victim of domestic violence is often treated much like a defendant.  The reasons for this are simple (1) battered women's syndrome, (2) a co-abusive home and (3) gathering evidence.

In the first instance, the logic is that you will later change your story, attempt to "drop the charges" (which is a myth, so don't even try) or attempt to avoid service of a subpoena to testify.  You will do this because you will forgive and you will do this because a potential wage earner has been removed from your home and forced to spend valuable assets on defending himself.  Because of this, they step on you.  They want you to know that they can take your children away if you don't cooperate.  Will they actually take your children away?  No, probably not.  There is no warehouse big enough to house the children of broken down, drug addicted and abusive families.

In the second instance, many domestic situations involve both parties fighting in front of the children, or worse, drinking and doing drugs in front of the children.  Sometimes the argument breaks out because one of the parties is trying to get the other to stop doing drugs, or whatever, and violence ensues.  CPS always shows up because in more than half the cases the danger to the children doesn't end just because one abuser is temporarily gone.

Third, CPS aids the District Attorney in gathering evidence.  They sometimes try to get statements from you or the children which will later be used in court.  They do this, again, because they are afraid you will change your story or you will try to get your kids to change their stories.  Don't know if that's what happened with you.

DV is tough, sorry that you're involved.  If the guy actually beat on you and you didn't do anything like attack him first with a weapon or something, stick to your guns and move on.  Trust me, I've represented too many people in this kind of situation who end up being repeat clients.

Answer 2

It is standard procedure in a house with children to make sure that the children weren't involved in the violence.  Domestic Violence is a very serious charge, which when tacked onto the assault and the battery, will act as an aggravating factor not only in the court proceedings, but in the perpetrators life.  Basically, DSS was just making sure that this wasn't an everyday thing at your household, because the law is written and enacted to do what is best for the child, even in criminal cases involving juveniles; the principle is called "Parens Patriae."  Don't worry about it--just answer their questions honestly.  

Answer 3

I have some knowledge..  It is a routine thing.  First of bear in mind that the only goal the CP rep has is the welfare of the child.  Among other things the worker will want to rebut anything either of your former exes had to say (including 'she's crazy' hence the mental health question).  And who knows what other nutty stuff they said to the PD or the case worker. The police are mandated reporters and have to turn everything no matter how off the wall to CPS).  Likely CPS's goal was to get a feel for you and how truthful you were.  Now they can write this up as Mom stated this and that and I am satisfied that the child has a good environment...