QUESTION
If I am the victim of burglery can writing a letter to the prosecuting attorney have the case dropped?
Asked on Jun 24th, 2025 on Child Custody - West Virginia
More details to this question:
My ex had a legitimate mental breakdown. In the process he began being violent with me only, our child was taken by CPS because he wouldn't stop breaking into my home. He was eventually arrested for burglery. Some of the facts of the police report are wrong such as the timeline and also damages stated were not caused in this incident. In our CPS case they are threatening to terminate his rights due him not participating in parenting and domestic violence classes since his incarceration. He was participating before his arrest. He has since gotten on medication and is clear minded compared to before and I am against them terminating his rights because he was participating before his arrest. If I write a letter stating that the police report is incorrect and explain that I'd like for charges to be dropped so he doesn't lose his children, is that able to be used against me in CPS Court? I do not plan on being in a relationship with him or him living with me and my daughter.
1 ANSWER
You do not need to worry yourself about your ex and his criminal charges. You need to concentrate on doing your best to get your children back from cps. Anything that you do to try to help him to escape the consequences of his actions will be seen as you justifying or supporting him and will make the court believe that you would be more inclined to allow him access to the children and continue to cause damage to them. Therefore, CPS will use that against you in court. Your ex did this. He broke into your house multiple times, was violent with you and ended up getting himself arrested for burglary. He is a full grown man and this is a problem that he caused all by himself. You should allow him to deal with his burglary charges and allow him to deal with the allegations regarding terminating his parental rights. You should concentrate on not getting your rights terminated and protecting your children. They are the most important thing here. Much more important than your ex. Please put your children first. They deserve it.
Answered on Jul 01st, 2025 at 1:51 PM
Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300