Corona, CA asked in Family Law for California

Q: We had someone from CPS come in our gated yard without permission among other things can we sue

They came back a few days later and said they had eyes on us and threatened to get court involved if we didn't change the appearance of our house or make an effort my husband is tired of the years of harassment from them and wants to sue

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: CPS doesn't do that. How do you know these people were from CPS? What would you be suing CPS for? i.e. what's the injury and what's the claim? Do you have minor children? Do you have an open case with CPS involving your minor children?

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: It's important to understand that Child Protective Services (CPS) has specific protocols and legal authority to ensure the safety and welfare of children. If CPS entered your property without permission, it might be within their rights under certain emergency circumstances where they believe a child is in immediate danger. However, if you feel your rights have been violated, you have the option to seek legal redress.

In your situation, where you feel harassed and threatened by CPS, you may consider filing a complaint against the agency. This could involve contacting the agency's internal affairs division or a higher authority overseeing CPS in your state. Additionally, consulting with an attorney experienced in family law and dealing with CPS can provide you with a more personalized assessment of your situation.

Regarding suing CPS, it's a complex process as government agencies often have certain immunities. However, in cases of gross misconduct or violation of your constitutional rights, legal action might be possible. An attorney can help you understand the strengths and weaknesses of your case and guide you on the best course of action. Remember, each case is unique, and getting personalized legal advice is crucial.

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