Q: my wife and i had an argumentative, shoving match that caused me to be arrested and charged 2 DV.
no charges was pressed and it involved our 14 yr old niece who is already on house arrest. now cps is involved but because i cannot have contact with neither, i don't know what to expect at trial. nor do i know what the niece may have said to cps. i work in public school system, therefore i would hate for a misunderstanding to cost me my career, future and family on a case that really shouldn't have happened. i have no record at all nor any priors or misdemeanors. what options do i have or what can i do to not see jail time an get this off my record?
A: Your question is not 100% clear. The first sentence indicates that you were "arrested and charged 2 DV". The second sentence indicates that "no charges were pressed". The question also indicates that there is CPS involvement.
Is this case being pursued in a district court, or a family court? A misdemeanor domestic violence case would be pursued at the district court with jurisdiction over the case. A child protective services case may or may not result in the involvement of the court system. A CPS worker makes an assessment of the situation, and a determination is made whether or not abuse or neglect actually occurred. If CPS determines no abuse or neglect occurred, the case is closed. If there is a finding by CPS of abuse or neglect, the worker will determine if the matter can be addressed through in home services or if the court system will become involved. A CPS case is a civil law proceeding - not a criminal case.
Given your job, family, and future - your best bet is to retain a lawyer to help you with your situation. Your lawyer will be able to get all the police reports and other information about the case, and give you the best advice as to how to proceed.
Jasmine D. Rippy agrees with this answer
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.