Legal Question in Family Law in California

Hi, I am a victim of domestic violence (two kids were present when my husband was hitting me). My husband got arested but on the day when we were supposed to have his court the case was dissmissed. We were happy about that and started to build our relationships over again without fighting.

Next day after the case was dissmissed I went to my home country with the kids to have some time off. Social services people came to our home looking for me and kids. My husband did not want to talk to them. After some tiem they came with police searching our house looking for me and kids. My husband told them I am in another country in Ukraine.He is scared that those guys might take away our kids

Please let me knwo whether it is true

My husband now does not want us to come back on time. He tells me to come back when social services will leave our family (around April 2013)

Personally I dont believe that somebody may take away kids from the family without serious basic

Please advise what to do


Asked on 1/08/13, 12:45 am

1 Answer from Attorneys

Unfortunately your husband's fears may be right. Once the governement gets involved in a situation where a man is hitting anyone in his family, especially in front of the kids or heaven forbid hitting the kids, the child protective services get VERY involved, and they have powers that you would think only the Russians need to worry about. They will be very concerned about you and the children being back with your husband. The criminal charges may be dropped but the standard for criminal charges is very high. The government must prove beyond a reasonable doubt that a crime has been committed. When it comes to child protection there is almost no standard - if there seems to be a risk to the children they can take them and it is all on the parents to PROVE it is safe, which may be impossible with a record of your husband hitting you in front of them. The first thing you should do is contact the social services directly -- keep your husband out of it. See what they say they are doing and expect of you. I really think, however, that you need to get a lawyer between your family and the Child Protective Services people (sometimes I think that CPS is American for KGB and Department of Child Support Services is American for Stasi). If I can be of futher help, please let me know. Also, I have a colleague who frequently refers me clients who grew up in Odessa and Moscow, if you want references from me or if you would like language assitance (though from your question it seems that is not an issue).

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Answered on 1/09/13, 10:16 pm


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