When someone is accused of family violence, two things can happen. Often, one party will apply for a temporary restraining order against the alleged perpetrator. However, the Division of Child Protection and Permanency (DCPP) can also become involved in these types of situations and may investigate the family. Allegations of domestic abuse may also lead to required supervision for the accused person to see their children.
The impact of domestic violence cases on children can be significant, even when the allegations only involve the parents or other family members. If you are dealing with allegations of family violence, speak with a dedicated attorney to learn more about how this may impact your relationship with your children.
Domestic abuse can seriously impact children in various ways. For one, witnessing an incident of domestic violence can be extremely traumatizing and require mental health treatment for the child. If a police officer is made aware that an incident of domestic violence occurred in the presence of children, they are required by law to notify the DCPP.
The agency will investigate and speak to the children to understand what they observed and whether they are at risk of harm. Typically, the alleged perpetrator of domestic violence is not allowed access to the children until the matter has been resolved. In this scenario, a knowledgeable attorney could provide crucial guidance and communicate with the DCPP during the ongoing domestic violence proceedings.
When the Division is investigating these types of allegations, they will interview the parties involved, their children and any other people in their household. They will use these statements as evidence, as well as any physical signs of violence. If there is enough evidence of domestic abuse, the Division can bring their case to court to argue that the children are in need of protection. Ultimately, the court can order supervised parenting time for the alleged domestic abuser.
The Division may try to argue that the children are at risk of abuse or neglect because there was alleged domestic violence between the parents. However, in many cases, the children may not have been present or impacted by what is going on. Additionally, most family violence cases involve one party’s statements against another’s.
As such, it is crucial for those dealing with domestic violence allegations to get representation from an experienced attorney. A lawyer could help protect the rights of the children and preserve their relationship with their family.
If you are under investigation for domestic abuse accusations, seek help from an attorney as soon as possible. Legal counsel could present evidence to the Division on your behalf and ensure that your rights are respected throughout the proceedings. On the other hand, if you are a victim of domestic violence, a lawyer could help you secure the necessary legal protections for you and your children.
In any case, a lawyer could provide crucial advice on minimizing the effect of these proceedings on your children. For more information on the impact of domestic violence on children in Short Hills, call our firm today.