Police

While I cannot give you legal advice or speak to your situation, generally, if there is a pattern of a failure to protect the children from exposure to domestic violence, the parents or guardians of the children may be at risk of having the children removed. However, often times, when a person calls the police to report domestic violence, this is looked upon favorably by Child Protective Services because it is seen as the victim taking steps to protect his/her children from the abusive person. I did some research on the internet about this topic and generally in STATE, police officers are considered mandated reporters of child abuse. [LOOK THIS UP TO BE SURE] Mandated reporters are required to report known or suspected child abuse to [ FILL IN HERE FROM YOUR RESEARCH – DO THEY HAVE TO REPORT IT TO THE CHILD ABUSE HOTLINE? TO THE COURT?] . However, I am not saying that all incidents of domestic violence against an adult would automatically be considered “child abuse” too. Perhaps you may be able to explain your specific situation and what is going on in your household to a local legal services attorney or domestic violence advocate who may have a better sense of whether or not the local police might consider there to be child abuse in your home. You can find both lawyers and advocates on our Places that Help page: LINK

To explain “mandated reporters” a bit more, they are primarily people who have contact with children through their employment such as teachers, doctors, and other health care professions. [THIS INFO WAS SPECIFIC TO CALIFORNIA RESEARCH - INSTEAD OF USING THIS PARAGRAPH, SEE IF YOU CAN FIND SOME MORE INFORMATION ON WHAT HAPPENS IN THE WRITER’S SPECIFIC STATE AFTER A CALL IS MADE TO CPS AND CHANGE THIS ACCORDINGLY: Usually, if there is a call made to the child abuse hotline and a report is filed, the county child welfare department or local law enforcement agency investigates the allegations. These agencies are also required to cross report suspected child abuse or neglect cases to each other. The county child welfare department or law enforcement agency investigation will result in one of three outcomes. The report may be unfounded which means that the report is false or does not involve abuse, such as an accidental injury. It may be substantiated, which means it is determined that child abuse has occurred or the report may be inconclusive, which means there is insufficient evidence to determine whether or not abuse has occurred. Only substantiated reports of child abuse and severe neglect must be forwarded to the Department of Justice. The county child welfare department will determine if the child needs to be removed from the home or if services need to be offered to the parents or caregivers. Law enforcement agencies may also pursue criminal prosecution. You can read more about this topic here: https://mandatedreporterca.com/about/faq. However, this is a for-profit website and we are not affiliated with them at all, cannot vouch for their services and we do not endorse them. We provide it for your information only.]

Generally, if there is domestic violence in the home and the children are being continuously exposed to it, it is in the children’s best interest for steps to be taken to keep them safe.

While I cannot give you advice on whether you should or should not call the police, another option for a person experiencing domestic violence that doesn’t involve the police may be for that person to file for a restraining order in civil court. A restraining order is a civil court order, signed by a judge, which tells an abuser to stop the abuse or face serious legal consequences. A judge can order an abuser to leave a shared home, give the victim temporary custody of shared children, and order temporary spousal or child support. A judge may be able to order other protections a specific victim may need to stay safe. For more information on protection orders and how to get one, go here: LINK. It is helpful to speak with an attorney for legal assistance or advice regarding whether an individual should start a court case. For list of attorneys and referrals for legal assistance in your state, refer here: LINK

Whether a person experiencing domestic violence decides to call the police or not, s/he may want to contact a local domestic violence agency for supportive services. Domestic violence agencies have advocates who can provide assistance with counseling, safety planning, legal services and referrals as well as court accompaniment. Here is a link for local domestic violence agencies in STATE: LINK. However, some domestic violence agencies have social workers who are also mandated reporters. If an individual is concerned about a report of abuse based on domestic violence being made against him/her, it is best to ask if the social worker or counselor is a mandated reporter. If an individual is seeking services for domestic violence, some mandated social workers will make the call to the child abuse hotline with the victim so that the social worker can advocate for the victim to receive services for themselves and their children to ensure their safety.