• WomensLaw.Org -
Information regarding state specific domestic violence laws, child custody issues, protection orders and other resources related to domestic violence in a particular state
Domestic Violence Discussion
with Jennifer Landhuis
16. Question: - My sister's husband has been charged with strangulation and third degree assault. Now she and the kids are under a safe plan through CPS. If she chooses to go back to the abuser after the safe plan is lifted, will her kids get taken from her?
Answer: The CPS goal will be to ensure the safety of the children. Should your sister choose to return to her husband, CPS may choose to be involved further with the family. What that involvement looks like will depend on the assessment of the danger to future injury to the children. Studies have shown that there is an overlap in intimate partner violence and child abuse and CPS may take this into consideration. It may depend on the age of the children and their ability to be able to access help should another incident happen.
I would discuss your fears with your sister but ultimately, the decision and the consequences of that decision are hers. She is the expert in her own life and the choice has to be up to her whether to return to her partner. It would be wise to create a safety plan with the children if they are old enough.
