Virginia Beach CPS Defense Lawyer
If you have been accused of child neglect or abuse in Virginia, it is crucial to secure legal representation. Virginia courts treat these issues with the utmost seriousness, and the legal process can be complicated for parents. An experienced Virginia Beach Child Protective Services defense attorney at Hardt Law, P.L.L.C. will be able to protect your parenting rights and help you access the services you need to offer your child a secure home environment.
Whether you are facing allegations of child abuse and neglect, have been subjected to an emergency protective order, or had your child removed from your home, our Virginia CPS defense lawyer is committed to helping parents fulfill the necessary requirements to reconnect with their children and restoring their custody rights. Our primary aim is to help families reunite in a stable and healthy household.
Contact Hardt Law, P.L.L.C. today at (757) 962-5588 for a free consultation to learn more about your legal rights and obligations.
Defense of Allegations of Child Abuse, Neglect, & Emergency Protective Order and Removal Proceedings
In Virginia, CPS is managed by the Virginia Department of Social Services (DSS). If CPS receives a legitimate report of child endangerment, state law requires them to respond. CPS most frequently investigates instances of child abuse and neglect, as well as domestic assault. They also investigate allegations, including failure to properly supervise children and failure to provide a suitable living situation.
Because anyone can anonymously make a report to CPS, it’s always possible that the report is based on false information or a simple misinterpretation. Whether you have been contacted by CPS, are currently being investigated, or have had your custody rights revoked, you will need to present a strong defense to counter the allegations against you.
As soon as CPS has completed its investigation, you should be notified by the agency. In Virginia, you should be able to obtain a copy of their final report at your local DSS. You will have 30 days from the date you were notified to contest the results of the investigation. You must file a written request with DSS to accomplish this. A seasoned CPS defense attorney from Hardt Law, P.L.L.C. can help you understand the outcome of the investigation and fight the results if you disagree.
It is common for CPS to seek an emergency protective order (EPO) while they are completing an investigation or if a parent has been charged with a crime such as domestic assault. A court can issue an EPO to protect children from serious threats of violence and abuse. An EPO lasts for 72 hours, during which time the accused parent (the “respondent”) must stay away from the family home and their children. Violating a protective order can have severe consequences for the respondent.
There are numerous possible defenses to an EPO. The respondent has the right to contest the EPO at any stage by filing a hearing request with the appropriate court. The court must also provide the respondent with a copy of the EPO, and an EPO cannot be considered evidence that a crime has been committed.
If you have been accused of child abuse or neglect, and CPS finds the allegations to be valid, they may remove the child from your home. While you have the right to refuse to give up your child, CPS workers can obtain an emergency removal order from a judge without disclosing it to you beforehand.
If the order is granted, your child will be placed in foster care. You should receive a notice of the order shortly thereafter. The notice will inform you of your court date. At your hearing, you are entitled to have an attorney represent you. Your attorney can bring in witnesses to testify on your behalf, and you can also testify as to why you believe your parental rights should be reinstated.
The attorneys at Hardt Law, P.L.L.C. will do everything in our power to help you prove that returning your child to the family home is in the child’s best interests. If we successfully prove your case, the judge will order CPS to return the child to your home.
Defense and Protection During CPS Investigations
During their investigation, CPS will assess the child’s living situation. If the child has suffered any injuries that could have been caused by abuse or assault, CPS will most likely seek a medical evaluation, which they can do without your permission.
It’s important to note that a CPS investigation is not a criminal trial, but that doesn’t mean you don’t have the right to hire an attorney. You can hire a CPS defense lawyer to handle your case at any time during the investigation. An attorney will safeguard your rights and advocate for your interests. If you are also facing criminal charges, such as domestic violence, hiring a lawyer to represent you will have a considerable impact on the results of your case, as well as on your ability to retain custody of your child.
If you don’t agree with the CPS investigation results, you can appeal, but you should secure legal representation at the outset so that you have someone looking out for your rights throughout the entire legal process.
Contact a Virginia Beach CPS Defense Attorney Today
At Hardt Law, P.L.L.C., our Virginia CPS defense lawyer has extensive experience helping families find solutions for parents seeking to regain custody of their child. If your child has been removed from your home by CPS, DHS, or DSS, our attorney can help you navigate the complex legal process and represent you in court.
We understand how serious and upsetting it can be to lose custody of your child over allegations of abuse and neglect, but there is hope. These allegations do not have to prevent you from being reunited with your children. Our Virginia Beach CPS defense attorney will help you understand the CPS requirements you need to meet, fight for your child custody rights, and effectively present your case before the court.
Contact Hardt Law, P.L.L.C. today by calling (757) 962-5588 for a free consultation.