Q: Can DHS take my kids if I don't testify in domestic violence case, if they were not present or living with abuser?
I was the victim of a domestic assault. He was arrested and I was taken to hospital. My kids were not present and we were no longer living with the abuser. DHS has gotten involved, can they take my kids if I don't want to testify or press charges?
A:
This is tricky.
First, I'm so sorry that you were treated this way by your abuser. It's a lot to go through.
It is possible that DHS could investigate you for "failure to protect" if your children have been around any domestic violence - but especially if you remain in a dating relationship with the abuser. If you separate from the abuser and the children were not around domestic violence (did not see/hear/etc), then DHS *should* not punish you for not testifying against your abuser. That is not guaranteed if DHS suspects the children were present around DV.
It's a tough line to walk since testifying against your abuser could be a "flash point" that puts you in greater danger. You know your situation best and what you need to do to stay safe. If DHS does get involved, it would be best to contact an attorney.
I wish you the best!
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.
