Cps involvement with physical assault of Mother only

Question

My husband had a history of physically assaulting me. I haven’t reported it up until recently and cps became involved (again) and I was able to avoid them being involved (provided UA and met with them). A cps case was closed in 2020 and I don’t want them involved in our lives again. My husband knows this and chooses to assault me when our son is present so I’m hesitant to call police because cps made my life hell in 2019-2020 and was traumatic for me and my son. Does cps always have to be contacted when a child is present during husbands assault on the wife? He hasn’t assaulted my son (that I’m aware of). He’s getting away with assaulting me because I’m fearful to report . I don’t want my son taken away again.

Answer 1

It depends on the laws of your state. In Washington state, there is a law requiring certain people to report suspected child abuse to the competent authorities (which ultimately resolves to Child Protective Services, an agency of the states Department of Children, Youth and Families). Police officers fall into the category of those who must report under RCW 26.44.030(1a):

When any ... law enforcement officer...has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident...

After a long list of mandatory reporters, another provision says that "Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report...". Then CPS must investigate. All of these reporting conditiones are based on having "reasonable cause", which is defined (it's not "if you feel like it") as when

a person witnesses or receives a credible written or oral report alleging abuse, including sexual contact, or neglect of a child

In other words, there has to be evidence that the child was neglected.

The reporting law of Washington does not include, as evidence of child neglects, the fact that a child is present (once or generally) where there exists domestic violence perpetrated on someone other than the child. So under Washington law, the police are not authorized to report such an assault to CPS. They would be required to report, if someone made an allegation that the child had been abused.

The wording of analogous laws in another state could easily be different.

Answer 2

What is assault?

Assault is more than merely physical harm. It also encompasses the creation of the apprehension of harm. Your husband is not merely assaulting you. He is assaulting your son, as well; you should report him.

CPS and the equivalent are likely to be involved, because your son has been harmed. Whether or not your son is being harmed. If you are being assaulted, that is not grounds for making you an unfit carer, and so is not grounds for taking your son away. Whether or not CPS is called is often not a mater of law, but of policy or disgression.

You need to stop the harm that is being done to your son. Witnessing a loved one is traumatic, sometimes even more traumatic than being assaulted oneself. Stop this. Help your son. Report your husband.