I imagine that there is nothing more unsettling than being investigated for child abuse. This is especially true if the DCF Social Worker presumes a parent is guilty from the jump. The whole Investigation can be skewed and tainted as DCF searches for any evidence to support the claim while dismissing or disregarding exculpatory evidence.
I have blogged before about parent’s rights in the context of a DCF Investigation:
But Connecticut DCF child abuse Investigations are different in two important ways.
1. Child interview. As a general rule, consent of the parent or guardian is required to interview the child as part of a DCF Investigation. However, if DCF is investigating abuse, a child can be interviewed without a parent’s permission.
2. Law enforcement. The police are not involved in most DCF Neglect Investigations. Not true if the allegations involve child abuse – particularly sexual abuse or physical abuse. Parents do not have to speak to DCF or make statements to anyone (including police) during a DCF Investigation. This is even more important to remember if you are suspected of child abuse. Statements often do more harm than good.
We must all support the mission of DCF to protect children by doing a thorough Investigation of alleged child abuse. The integrity of that Investigation is only enhanced when parents are aware of their rights and make well-informed decisions accordingly.
Connecticut divorces fall into one of the following categories:
Uncontested divorce – all issues are agreed upon.
Limited contested divorce – financial disputes only.
Contested divorce – parenting issues such as custody and visitation are disputed.
Default divorce – the other spouse fails to appear in Court even though they were properly served with the divorce papers.
In some uncontested divorces, the spouses do not really need a lawyer. For example, if the spouses have no children, property or significant assets most people can proceed without an attorney. These types of cases tend to be uncontested right from the start and the divorce is usually granted shortly after the 90 waiting period.
If only all uncontested cases were so easy.
See, the term “uncontested divorce” can be a bit deceiving since many uncontested divorces still involve various levels of litigation.
What an uncontested divorce really means is that the case settled without going to trial. And cases settle at all different stages.
Some settle early on through informal discussions.
Others resolve a touch later and without much flare. Maybe at a Special Masters Conference or with the assistance of a judge at a pretrial meeting.
But there can be a lot of contest in an uncontested divorce.
There are cases which are ultimately “uncontested” that were red hot at one point. You know – the type of case where nasty sounds nice. Motions flying everywhere, tons of court appearances, a slew of depositions, a boatload of documents, extensive investigations and the like.
Yeah that case was uncontested.
Right?
Connecticut has created a special divorce court, which hears lengthy, contested cases involving children. The court is the Regional Family Trial Docket (RFTD) and is located in Middletown.
The RFTD is designed to decide cases efficiently since one judge presides over all aspects of the case.
Once trial begins, the case usually proceeds with few interruptions and often on consecutive days until finished. The idea is to resolve issues pertaining to children as soon as possible – children don’t deserve delay.
Divorce cases can be referred from any Judicial District if certain requirements are met:
1. It must be a fully contested divorce – issues concering children are disputed. A case will not qualify if the litigation is purely financial.
2. Family Relations must have completed a Study within the last nine months.
3. The child(ren) must have been appointed an attorney or a guardian ad litem.
The parents and lawyers must all participate in a daylong conference in an effort to settle the case short of trial. If no agreement is reached, clear your calendar. Expect trial to start soon thereafter.
In Connecticut, a Family Law judge hears Restraining Orders. Restraining Orders should not be confused with Protective Orders which are issued by a Criminal Court to protect crime victims.
Here is a summary of Restraining Orders in Connecticut Family Court:
1. People. You can only get a Restraining Order if you have a sufficiently close relationship or connection with the perpetrator. For example, a relative, a current or former romantic partner, or a person you lived with. You cannot get a Restraining Order on your nosy neighbor or your ex’s new flame.
2. Particulars. The Application must contain an Affidavit with specific examples of how you have been subjected to physical injury, stalking or threatening. Nuisance, simple name calling or idle threats don’t cut it.
3. Procedure. The Application is filed in the Clerk’s Office. A court date will be scheduled within 14 days to allow the other person (Respondent) a chance to present his or her case before a judge. You may be able to get a Restraining Order on the spot if a judge finds that you are in immediate, physical danger.
4. Protection. You can request that the Respondent stay away from your residence and/or not contact you in any manner including written communication. You can also request that the orders be extended to your minor children and/or your pets. Finally, if you have children with the Respondent, the family law judge may enter custody and visitation orders.
5. Police. If the Respondent breaks the Restraining Order, you should immediately call the police. Violation of a Restraining Order is a felony in Connecticut.
There are three options for couples divorcing in Connecticut:
Divorce mediation is a process in which a divorcing couple attempts to resolve their disputes with the assistance of a neutral third party. A divorce mediator is usually an attorney with significant family law experience as well as training in dispute resolution.
Many spouses retain separate attorneys to review the mediator’s recommendations and to answer questions about the process. However, spouses participate in mediation without the direct involvement of attorneys.
Collaborative divorce is a relatively new option in family law. It is really a middle of the road approach. Both spouses retain attorneys who directly participate in negotiation. However, the lawyers pledge to abide by certain guidelines designed to make this approach less adversarial than traditional litigation.
In essence, each spouse has an advocate but the process is outside of the court system.
But not every case is well suited for mediation or collaborative divorce. For example, both spouses must be transparent about their finances and agree to participate in a meaningful way for either to work. Therefore, if there is no cooperation then traditional divorce litigation may be the only alternative.
Divorce litigation really means that the parties are using the court to resolve disagreements. This approach is used in cases where temporary orders regarding custody and support are necessary. However, traditional litigation does not necessarily have to be combative or result in a full-blown trial. In fact, more than 95% of divorce cases reach settlement.
It used to be that litigation was the only option for a divorcing couple. Now spouses have alternatives depending on the circumstances of the family.
False child abuse allegations leave the alleged perpetrator terrified. What happens next?
When Connecticut DCF investigates allegations of child abuse it falls into of the following categories:
Physical abuse – injuries that are clearly non-accidental or situations where the explanation does not match the nature and extent of the child’s injuries.
Emotional abuse – includes cruel or unconscionable acts or threats that have a direct, adverse emotional impact on the child.
Sexual abuse – consists of any inappropriate contact, exploitation or language.
DCF in Connecticut has a demanding and challenging job – protect children in this state that are victims of abuse.
We must all support that mission.
But there are times when the abuse allegations are simply false. And sometimes DCF does a solid job at separating fact from fiction. Other times – not so much.
False allegations can be malicious such as outright lying by the accused. Other times it’s not as deliberate – like when it involves statements that were result of mental illness and/or a bad soup of medications. Still yet, and perhaps most unforgivable, is when the allegations are the product of suggestive questioning, coaching of the child or faulty interview techniques by “experts.”
Unfortunately, in today’s society, the public tends to assume that abuse claims are true. Even if ultimately exonerated, the accused often bears the social stigma forever.
A few points to consider if you are the accused:
Do not lose your cool with DCF. Understand that they have an incredibly difficult and very worthy job to do. Appreciate that allegations of child abuse must be investigated and taken seriously. Yes – I realize this is easier said than done.
Keep your chin up. Surround yourself with positive people and talk to a professional “chair” if necessary.
Be prepared. Disproving false allegations requires much work and preparation. Get your team lined up – lawyer, private investigator and a forensic psychologist are a solid start.
Do not give up. These cases require a search for the truth and the commitment that goes with it.
Please contact me if you have been the victim of false child abuse allegations.