First time on this board and first time in this situation. Would appreciate any advise on the situation. I got into an disagreement with my wife and the police were called. I was put in jail, bonded and released. The DA will not press charges because there was no physical abuse. HOWEVER, Child protective services were contacted and my horror began. They have forced my wife to issue a TRO by saying if she didnt that they would take our children away. They also told her that she needed to force the DA office to press charges or they would take the kids away. We have never been in this situation before and I am currently on a TRO, so I cant help my wife. I refused to talk to the CPS and refered them to my lawyer which made them mad and told me I wouldnt see my kids. They are using her it seems to get to me. We have a great marrage but got into an arguement that escalated into a phone call to the police. Both my wife and I are getting counceling and attending parenting, communication and other classes on our own accord. According to mutual friends, CPS is making my wife's world miserable for their own agenda. They also stated that she needed to get a divorce from me and get FIXED or else they would take the kids away. I dont understand their grounds for the threats. We have no prior incidents, neither of us drink alcohol or do drugs. We are financially secure so that she can be a stay at home mother. Here are my questions that I'm looking for. If she goes to the hearing for the restraining order and tells the judge, "CPS made me get this restraining order and I don't want a restraining order because we have worked our issues out and that my husband is living away from home until we finish counceling and classes." DOES CPS HAVE THE AUTHORITY TO TAKE OUR CHILDREN AWAY because she refused to do a restraining order? According to the Welfare and Institution section 305, "IF the accused voluntarily leaves the home and resides in another location." Then a INVOLUNTARY removal of the children is not necessary. DOES CPS HAVE TO FOLLOW THAT or can the duranged, power trip hunger social worker say, "I feel the children are in danger" and take our kids away. Any advise would be appreciated.
Thanks, John D in California