Friday, June 27, 2014

If I was a victim of domestic violence and my children were unharmed can ACS find my case indicated?

Q:  Me and the father of my children were in an argument and it got physical at the end of the argument my daughter woke up and saw us arguing. ACS was called by police. We went to the hospital and were completely OK. ACS has been coming to my home and the worker told me the case was going to be indicated and it was going to remain in my record until my youngest child turns 28. I am currently in school to become a teacher and dont want this to affect my career. I have never harmed my children. I removed them from a violent situation they were unharmed and now ACS wants to give me a record for the next 25 years because my daughter saw us arguing. Please is there anything I can do to fight this off. I cant afford to have a ACS case on my record when I intend to be working with children. Thank U

A:  David's Answer:  If you were not at fault in the situation, but instead were a victim of domestic violence, then I don't see how the case can reasonably be "indicated." You should file for an administrative review - which usually becomes a fair hearing. Your letter from ACS indicating the report will contain instructions on how to challenge the indicated report. You'd greatly benefit from having an attorney represent you at the fair hearing. Call a Family Law attorney in your area for a consult.  -- David Bliven, Westchester Family Law attorney (

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