Child Dependency/CPS Case due to Domestic Violence?

Last week my husband and I got in argument because he was cursing at me. The cursing devloped into a physical abuse. He slapped me a couple times and through me to the ground. I called a trusted family relative and took my 2 year old to her home. In our culture, calling the cops is not the best solution. I seeked shelter at the relatives house overnight. The next day, I got really sick and had to get medical attention. The physician filed a report and got a social worker involved. Next day I went to the house to grab my belonging and by this time my child was with his father. When I arrived the CPS agent was already sitting with my husband, his mom and my baby. He asked me as to what happen. My husband told him that I hit and bit him which was a lie. The bite mark was due to him trying to put a choke hold on me. In no way in my right mind would like to get in a scuffle with my husband who is twice my size. I raised my voice stating that he is lieing. My mother-in-law kept on saying that I planned this and I should have kept my mouth shut. When my husband stood up..the CPS agent took off. He felt that this was not a safe environment. While I was trying to leave my child, my husband stated, " U *****, I should have hit u harder." I left that place to the relatives house again. CPS called and asked for my safety plan, which I didn't know the definition of. I told him that I do not want to press charges but I have scared of my husband. I want to leave or seek another residence. The CPS came by and took my child. Didn't even give me a lot of detail and also took inaccurate information. Later the child was placed with relatives. Same day, I filed charges against my husband. DA later dismissed the charges based on insufficient evidence. I have also dropped charges on him in another county on domestic violence. I called that DA and begged him to reopen the case. Now, I believe he will be charged in another county for sure. I filed a restraining order and the judge only granted me a partial restraining order where I can't make my husband move out of the rental. I qualified for this rental on my own, however, he is on the lease cuz the owner put him in. I am paying for the utilities and rent while he lives there. I am displaced to look for a place to live. I don't have enough clothes to go to work and I can't back to the residence to claim my belongings due to the restraining order. The landlord keeps on calling me stating that I am responsible if something happens to the property. What rights do I have as a victim? First I got beaten up..My child got taken away and now this..I feel law is protecting the abuser. My fault for not pressing charges immediately. Unfortuntely, my child has to pay for my mistakes. All I want is my child back. On top of all this, I am being charged with child endangerment by CPS. I don't even have time to deal with my emotions because I am so focused on my child at this time.

3 Answers

  • Anonymous
    10 years ago
    Favorite Answer

    You need an attorney and if you cannot afford one there are organizations who will provide one in child custody cases but since you did not mention in your question where you are that is about all the information available right now.}{

  • 10 years ago

    CPS may feel that you did not protect the children if your husband was being physical and our verbal to you with children present. Children are effected by family violence. Woman can in some cases lose custody of children if they enter into abusive relationships because it poses harm to the children.

    You need a lawyer, domestic violence support group, therapy, and to file or modify custody.

    Good luck

  • 10 years ago

    OMG!!!!!!!!!!! Call the DV hot line and tell them what you just told us. You need your name off the lease, the utilities out of your name, you need to get a lawyer. And you have many rights it's just very, very scary right now.

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