Protection Order Hearing Evidence

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Summary

Your testimony and CPS safety assessments can influence a protection order hearing in Mecklenburg County. If you cant subpoena the CPS counselor in time, request an adjournment. The safety assessment and a letter from CPS can be crucial evidence. A CPS report is typically issued within 45 days. You can request a continuance to gather additional evidence. For confidential police reports, consult your attorney. Include all relevant factors in a motion to modify custody.

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Does my statement hold weight in a 1 year protection order hearing on behalf of my child for sexual and physical abuse from her father? If I cannot get the CPS report subpoenaed in time?
Hello ****. Your statement can be considered in court, but the weight it carries depends on the judge. It's crucial to have evidence if possible. Can you tell me where you're located to provide more precise information?
CPS is still investigating?
Hello ****. Generally, CPS investigations can play a significant role in protection order hearings, but the process may vary based on your location. Could you please tell me where you are located?
Mecklenburg County
In Mecklenburg County, your testimony can indeed influence the hearing. However, the weight of it varies. Here are some relevant points:
- Your statement is considered evidence.
- Corroborating evidence strengthens your case.
- The decision ultimately lies with the judge.
Please consult a local lawyer for specific advice.
Can the safety assessment from beginning of CPS investigation work?
Yes, the safety assessment from the CPS investigation in Mecklenburg County can be used in the hearing to support your case. It provides an initial evaluation of your child's safety. However, it's important to note that the court will make the final decision.
What if I don’t have enough time to subpoena the CPS counselor for her report?
If you can't subpoena the CPS counselor in time, you can request an adjournment to allow more time. However, the decision to postpone the hearing rests with the judge. The safety assessment may still be used to support your case.
So the safety assessment and the letter from CPS advising that they are investigating could be enough?
Yes, the safety assessment and the letter from CPS can be crucial pieces of evidence. However, the final decision will depend on the judge's discretion. Always consult with a local attorney for further advice.
When does CPS give me a report?
In Mecklenburg County, a CPS report is typically issued within 45 days of the start of an investigation. However, the time frame can vary depending on the complexity of the case. Always stay in contact with your caseworker for updates.
So if I don’t have the final report will the judge still consider a 1 year protection order
Yes, the judge can still consider a *-year protection order even without the final CPS report. Your testimony, the safety assessment, and the letter stating an ongoing investigation could be substantial. However, the decision ultimately lies with the judge.
At the time of hearing could I ask for time to obtain the report? If need be?
Yes, you can request a continuance (a rescheduling of the hearing) to obtain the CPS report. However, it's up to the judge to grant this. Always consult your attorney for the best approach.
What is in the report from CPS
A Child Protective Services (CPS) report usually includes:
- Details of the reported abuse or neglect
- Information gathered during the investigation
- Assessment of child’s safety
- Recommendations for the child's welfare
Remember, the contents can vary based on your specific case and location.
So it’s more than a letter
Yes, a CPS report is more comprehensive than a letter. It provides detailed information about the incident, investigation findings, safety assessment, and recommendations for the child's welfare. It can play a significant role in your case.
Same for DSS report in Mecklenburg county?
Yes, in Mecklenburg County, a Department of Social Services (DSS) report is similar to a CPS report. It includes details of the reported abuse, investigation findings, safety assessment, and recommendations. It's a comprehensive document that can significantly impact your case.
So I will receive this when the investigation is complete after the 35 days?
Yes, typically you should receive the CPS/DSS report once the investigation is completed, which is usually within 45 days. But remember, the timeframe can vary depending on the specifics of the case. Always stay in touch with your caseworker for updates.
Should I notify the DSS worker that filed a protection order for the child?
Yes, it's advisable to inform the DSS worker about the protection order. This helps maintain open communication and ensures all parties are working in the child's best interest. However, consult with your attorney for the best approach.
If the DSS worker is still investigating, can I ask for a report when I tell them there is a protection order hearing coming up?
Yes, you can request a preliminary report or any relevant documents from the DSS worker. Informing them about the upcoming protection order hearing might expedite the process. However, the provision of these documents will depend on their policies and the investigation's status.
Yes the DSS worker told me I couldn’t get her report?
The DSS worker may withhold the report if the investigation is ongoing. However, if a hearing is imminent, you can inform the court and request an adjournment. It ultimately depends on the judge's discretion. Always consult your attorney for the best strategy.
But I should get the report at some point? And not just a letter?
Yes, you should receive the full report from DSS/CPS once the investigation is completed, not just a letter. This report is more comprehensive and includes details of the investigation, safety assessment, and recommendations.
So if I don’t have the report at time of 1 year protection order I can still be ok
Yes, even if you don't have the final CPS/DSS report at the time of the hearing, your testimony, the safety assessment, and the letter stating an ongoing investigation could still be considered. But remember, the ultimate decision lies with the judge.
Could the judge continue even after hearing the case if I ask for another hearing to provide evidence?
Yes, you can request a continuance to present additional evidence. However, the judge has the final say on whether to grant this request. Always consult your attorney for the best approach.
Even after being heard in court that day?
Yes, even after being heard in court that day, you can request a continuance to present additional evidence. However, the final decision is at the judge's discretion. Consult your attorney for the best approach.
So after I state my side and the defendant states his side if the judge says they don’t have enough evidence to issue the one year protection order, at that time can I ask that the judge please grant a continuance so that I have time to subpoena the DSS worker?
Yes, even after presenting your case, you can request a continuance to gather additional evidence like subpoenaing the DSS worker. However, the decision to grant it rests with the judge. It's advisable to consult your attorney for the best strategy.
Ok and last question, I did not call the police but the DSS started a detective investigation as well. Is there a police report ass?
Yes, in cases where a detective investigation is initiated, a police report is typically generated. You can request this report as it could serve as additional evidence. Remember to consult your attorney for guidance.
Associated*
Ok, and last question, I did not call the police but the DSS started a detective investigation as well. Is there a police report as well?
Answer: Yes, typically, a police report is generated if a detective investigation is initiated. You can request this report for additional evidence. Consult your attorney for guidance.
How do I request the report?
You can request the police report by contacting the police department that conducted the investigation. Remember, there might be a process and a small fee involved. Always consult with your attorney on the best approach to obtain this report.
I was told the report is confidential because of the circumstances
If the police report is deemed confidential due to the circumstances, it may be challenging to obtain it. However, your attorney may be able to help you access it, or it may be presented in court. Consult with your attorney for guidance.
So some police reports are deemed confidential if it involves minor children?
Yes, some police reports may be confidential if they involve minor children to protect their privacy. However, in certain legal proceedings, these reports may be accessed by relevant parties. Always consult your attorney for guidance.
How do I obtain this in Mecklenburg
In Mecklenburg County, you can request a police report by contacting the Charlotte-Mecklenburg Police Department. However, if the report involves a minor, it may be confidential. It's advised to consult with your attorney to assist with the process.
What is the process since the report involves a minor?
To obtain a confidential police report involving a minor in Mecklenburg County, you would generally need to:
- Consult your attorney for advice.
- File a request with Charlotte-Mecklenburg Police Department.
- Comply with any procedures they have for accessing confidential reports.
Always consult your attorney for specific guidance.
Where can I find the request form to file?
You can usually find the request form on the Charlotte-Mecklenburg Police Department's official website. However, due to the sensitive nature of the report, it's best to consult your attorney to guide you through the process.
What is the process typically
To request a police report in Mecklenburg County, typically:
*. Visit the Charlotte-Mecklenburg Police Department's website.
*. Look for the "Public Records Request" section.
*. Fill out the necessary form, providing as much information as you can.
*. Submit the form as directed.
Always consult your attorney for guidance due to the sensitive nature of the case.
Same for confidential reports?
For confidential reports involving minors, the process might be different. It usually involves higher scrutiny and may require a court order. Consult your attorney for advice specific to your case and Mecklenburg County regulations.
How do I get a court order to obtain a copy of the report?
To obtain a court order for a confidential report in Mecklenburg County, you would typically need to:
*. File a motion in the court where your case is pending.
*. Explain why the report is crucial for your case.
*. Await the judge's decision.
Please consult your attorney for detailed guidance.
So I would need to file with the judge hearing the 1 year protection order case? Asking that judge to grant me permission to the confidential report?
Yes, you would generally file with the judge presiding over your protection order case. They have the authority to grant you permission to access the confidential report. Always consult your attorney for proper procedures.
But I need to do that prior to the hearing?
Yes, it's generally best to file a motion for the court order before the hearing. This way, you may have the report as evidence during the hearing. Please consult your attorney for specific guidance.
Can I ask for this same day of hearing in front of the judge?
Yes, you can typically request a court order for the confidential report during the hearing. However, the decision is up to the judge. Be sure to consult with your attorney for advice tailored to your specific situation.
If the father told the child he was going to take her across state lines without my consent is that something I should put in the motion to modify custody?
Yes, this information could be relevant in a motion to modify custody. It's important to include all factors that affect the child's safety and well-being. Always consult your attorney for advice specific to your case.
How would I format that in my motion to modify?
In general, your motion to modify custody should include:
*. Your name and relation to the child.
*. The current custody arrangement.
*. Your proposed changes.
*. Reasons for modification, including the incident of the father threatening to take the child across state lines without your consent.
*. Evidence supporting your claims.
Remember, consult your attorney for specific guidance.
How do I word it in the motion when the motion is mainly for abuse?
While drafting your motion, clearly mention:
- The nature and instances of abuse.
- The threat made by the father to take the child across state lines without consent.
- How these actions impact the child's safety.
Remember, the exact wording should be discussed with your attorney.