QUESTION

If my boyfriend hit my son with a belt, I was scared of him so I didn't say anything but CPS got called, can I go to jail?

Asked on Mar 15th, 2015 on Child Custody - Nebraska
More details to this question:
I told the police what I knew. I didn't see it happen and wasn't present because I had gone for a walk. The next morning when I saw the marks I confronted him about it. He threatened to kill me if I said anything. Later that day, the cops came to my house and we went to the police station for questioning and pictures of the bruises. CPS took my son away and granted temporary custody to his father. His dad is texting me saying there's more to the story but I have been honest with everything to my knowledge. If he was hitting him before this and I didn't know, can I go to jail? My son never said anything to me about it. I have removed my bf from my house and gotten a protection order against him. What should I do?
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1 ANSWER

Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
4 Awards
Juvenile court and criminal court are two different things. If you truly did not know, it is unlikely you would be charged criminally. If CPS is involved, a juvenile court case will likely follow. You did the right thing to get rid of this guy and choose to put your child first. What you should do is go to an experienced lawyer who handles both criminal and juvenile cases and tell them exactly everything under lawyer-client privilege. Then, you should stay away from the abuser, forever, unless you want to lose your child. You should cooperate with law enforcement and CPS with your lawyer by your side. And you should make sure your son knows you will never let this happen again. You can get through this and get back to normal. Best wishes!
Answered on Mar 18th, 2015 at 12:35 AM

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