Legal Question in Family Law in New Jersey

My friend was visited by DYFS. The children (3 yr & 10yr) were apparently found ok by the the DYFS worker who said that the case was about her and a complaint of domestic violence against her. She was asked if she had threatened the children's father. They had a bad fight about 4 months ago and in frustration and anger, she kind of threatened him with a dinner knife - but of course it was an empty threat because she could not or would not really do any harm - he has since left the residence. My friend was told that the case will be referred to the appropriate office for domestic violence and she was asked to sign an agreement that she will attend a course on Anger Management.

An attorney she spoke with led her to believe that there should be a police report and that she can obtain a copy. Is this correct? She is scared out of her wits. Can DYFS take her children away? Is there a police case against her? Can she be arrested?

Thank you for your kind help.


Asked on 1/07/10, 10:42 pm

1 Answer from Attorneys
Richard Vallario Richard W. Vallario Law Office

Threatening her husband with a knife "out of anger" seems to be a good reason to attend an anger management program. Based on the limited information you have supplied, DYFS is not likely to take the children over this incident, or they would have removed them immediately from her custody. Even so, she should consult again with an attorney to determine how she should proceed after a full disclosure of the facts involved in nher case.

Read more
Answered on 1/14/10, 6:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey