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EspañolMy child witnessed domestic violence. Would it help if I made a report to CPS? What could happen if I call?
It’s wise to think about the possible repercussions of involving Child Protective Services before contacting them. However, there isn’t an easy answer to tell you of what to expect since each department handles these types of complaints according to their own regulations. For example, some states may consider witnessing an incident as “exposure to domestic violence” and something to investigate while others may only investigate it if the child was directly endangered by the violence. In addition, some states have clear policies that the victim of the abuse should not be found at fault for “exposing the child” or “allowing the child” to witness the violence while other states’ policies aren’t so clear.
In addition, if an investigation is done, a case worker may likely come to the home to talk to the parties involved. However, if the parties are still living together, this may put the victim in increased danger from the abuser, especially if the abuser thinks it’s the victim who called in the report. After an investigation is done, the report can be deemed “founded” or “unfounded.” Also, sometimes there are requirements put on the victim or things they have to do to protect their child, such as filing for a protection order or even moving out of the home with the child or going into shelter. If the victim doesn’t comply, then there could be repercussions for the victim. I would suggest that you talk to a lawyer who is knowledgeable about domestic violence and CPS cases to ask what likely would happen if you made a report. The lawyer can base their opinion on their experience with how your state’s Child Protective Services usually operates. You can hopefully find free legal help on our Finding a Lawyer page.[HYPERLINK]
However, there could be other ways to get help. Someone who has been abused can apply for a civil order of protection [HYPERLINK] to try to keep the abuser away from them and removed from the home. They can also seek temporary custody of a child as part of the order as well as other protections. [HYPERLINK TO QU ABOUT WHAT PROTECTIONS CAN I GET?]
You may also want to connect with a local domestic violence program [HYPERLINK] for support and to make a plan to stay safe.
