Legal Question in Family Law in Indiana
I live in Evansville, Indiana. July 30 my husband and I had been drinking alcohol. We had an argument but it did not get physical. We got tired and went to sleep. We woke up to the police in our home and they arrested both of us. We have four children (ages 14,13,10, & 9). They told me I was going to jail for a small claims writ of attachment and that my husband was going to jail for hitting me. I informed them he did not hit me. They refused to let me call anyone to care for my children while I was in jail. They instead had child protective services take them. I later found out I was also being charged with 1 count of neglect of a dependent. My husband was charged with 4 counts of neglect of dependents, strangulation, and causing bodily harm to a child. My husband and I were bailed out of jail. The writ of attachment against me was cleared up in court and the neglect charge against me was dismissed. My husband has yet to go to court. We both appeared in family court and the case was put off until Aug.10. I found out that what happened was that after my husband and I went to sleep, our 14 yr old daughter called the police. She told them that her and her sister (13) heard us fighting and came downstairs and saw my husband shove me down and hold a pillow over my head. I have no recollection of this. She also said that shortly after my husband went upstairs and pulled my 13 yr old daughter's hair. Then threw a pillow at her (the 14 yr old), and pulled her off her bunk bed. If this happened, I had no idea that it did. My 13 yr old agreed to this story. My 10 yr old son said he only heard us arguing and he heard his 13 yr old sister yell "ow". My 9 yr old daughter said she didn't hear anything but that her 13 yr old sister told her that her father had pulled her hair after it happened. My husband says that none of these things happened. My children are now in foster care and I don't understand why they cannot be with me. I have no criminal history or child protective service history. I have never harmed my children in any way. I am willing to separate from my husband and even put a restraining order against him if I can get my children back. How can they take my kids from me when I did not do anything? What steps can I take to get my children back as soon as possible? I cannot afford an attorney. One has been appointed to me but I do not meet with her until Aug.10 at court. I need my children with me and they need me as well. Please help me! Any advice or information would truly be a blessing. Thank you so much for your time.
2 Answers from Attorneys
Since you have an attorney, it is best to follow his or her advice. She or he is familiar with the judge and the local caseworker. The mission of Family Services is to reunite families whenever possible so if things are as you say, and you are willing to do what is suggested by the caseworker and the attorney, you should be ok. It does seem that you may have a drinking issue, so one thing you can do on your own is to seek help and also join AA.
I agree with Burton's answer. Please understand that drinking to the point that you do not remember an apparent assault while your children are with you is "doing something wrong", and you need to address that problem in order to care for your children in the long run.
Good luck to you.
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