Hayward, CA asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California

Q: I was involved in a domestic violence incident me being the victim. CPS removed my kids, i need advice on how to proceem

My kids were placed out of state in Wisconsin, and my case was closed. Prior to the domestic violence, I had 3 open cases against me all false allegations the father was denied physical custody those three times until I was involved in the domestic violence. I did everything I was told and yet was treated like a criminal I was accused of emotional neglect and failure to protect. With still no evidence against me I had both my children removed from Santa Clara county to Wisconsin. I was given little contactor only 3 days per week, 20min each day. I want to file a lawsuit against CPS and have sole physical custody of my my children can anybody point me to the right direction? I am desperately seeking help

1 Lawyer Answer

Dale S. Gribow

Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More details are necessary to provide a professional analysis of your issue.

Initially, you should set up an Initial Consultation with an Attorney such as myself.

You can go to my website to review my credentials, awards, honors, testimonials, and media appearances & publications.

This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

However, you are always best advised to retain a LOCAL lawyer in case you are charged or arrested. In other words, you do not hire an LA lawyer for a case in Palm Springs or OC and visa versa....and if you cannot afford a lawyer the court will appoint one for you.

If there was an underlying case, then the lawyer who handled the underlying case would be in the best position to understand all the facts and advise you intelligently. Since you reference other incidents it must mean you have had private or court app't lawyers.

It's also important to not talk about this case to anyone except your attorney. Please remember anything you say herein, is discoverable and can and will be used against you.

The problem with talking to the police, or an insurance adjuster on an accident case, is that they often misunderstand what you said or they do not write down everything.

Often it is what THEY THOUGHT THEY HEARD YOU SAY that hurts you. You never want to admit to anything.

You should consider retaining a lawyer and then remain quiet and let the lawyer be the strawman and take the heat.

In other words, you would be happy to talk to the police, but your lawyer has ordered you “not to talk without his permission”.

You then suggest they talk to your lawyer for permission for you to talk with them.

I never let my clients talk to anyone.

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