Rome, NY asked in Family Law and Juvenile Law for New York

Q: My family and children are being targeted by child protective services and a private citizen can you help

Our personal way of life ,religious beliefs and the way we raise our children is being targeted and scrutinized by cps and a private citizen .We feel like we are under attack and that we have no way to protect ourselves or our children

Related Topics:
1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
  • Brooklyn, NY
  • Licensed in New York

A: No. We in this nation have taken a stand against domestic violence such that we have to watch our every step to avoid being falsely accused and arrested/prosecuted. We cannot beat our kids or else we lose them. The only way to harass and annoy someone in American today is to use the legal system with its federal payment stream. CAPTA provides such a stream and there are courts set up to absorb that money. CPS is paid by the federal statute called 'CAPTA', a Jimmy Carter/Walter Mondale product in the 70s.

This means that if your neighbor, parent, enemy or unknown stalker wants to royally screw with you, all he has to do is use government organs. The foremost in our nation today is the child protective apparatus. All the third person needs to do is call in a report and the harassment and annoyance begins and does not stop. Caseworkers come out and intrude in your life, inspect your home and take your kid.

So the lesson learned in today's America is you never pull an attack on someone yourself. You'll be arrested. Instead, you maneuver a government agency against someone and that will do the trick. You may be a victim of this "swatting" procedure. "Swatting" means a neighbor calls in a 'swat team' to storm your home on an allegation that you have bombs in your kitchen. It's a knee-slapping good time and the third person is anonymous even to the call center that dispatched the team.

There is no guarding against this unless you have the money to live in a premier neighborhood where people don't pull these stunts on one another.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.