Legal Question in Family Law in California
Domestic Violence & CPS
My husband was convicted of felony child endangerment and felony drug possession. He served 9 months in jail, and like an idiot, I belived that he was rehabitilated, and let him come home upon his release in Aug. Since then, he has not been violent physically, but has emotionally. I want him out of my house, but he wont go.
How can I get him to leave??
and, Its my understanding that CPS (who was notified of the original charges and closed my case after meeting with me) would be notified of any police involvement, and I could lose my children for putting them back into a ''unsafe'' enviroment.
1 Answer from Attorneys
Re: Domestic Violence & CPS
You can file OSC for a domestic violence restraining order. The risk of lossing you children is less if you call the police and report the abuse. That could result in his being immediately removed from your home. If you wait and someone else reports the abuse CPS will assume that you will allow him to remain in the home even though he is abusing you and the children.
A last thought is he still on probation. If the answer is yes, call his probation officer and request that he be removed from your home. That should result in an immediate removal and possibly a probation violation by him. Contact with you may be a violation of a restraining order through the criminal court.
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