Again, I didn't give any details of the situation. 6/2020 the caseworker took them away based on false allegation. For example, lets imagine that someone reports child abuse and CPS initiates an investigation. In fact, CPS will often speak to your child before they speak to you. DCFS in Illinois investigates reports of child abuse or neglect, dependency cases, and the fitness and ongoing abilities of foster families and adoptive parents. DCFS and the State have separate lawyers and different job functions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Learn About The Juvenile Dependency Process.Click Here. At The Law Office of Brett H. Pritchard, our Harker Heights CPS attorneys understand how stressful it is to deal with Child Protective Services. If it is, develops a case plan, with the client, to stop the abuse, and to address the client's health and safety needs through services such as medical or mental health treatment, housing assistance, legal assistance, financial assistance, personal care, and home delivered meals. You really don't understand what is going on. DCFS receives thousands of calls each year from citizens reporting child neglect or abuse, and it starts an investigation into each allegation within 24 hours. Perhaps the dishes are unwashed; maybe you havent cleaned house for a day or two; say that there are a collection of beer bottles on the coffee table from the football game the day before; could be that youre not dressed in appropriate attire as you would be IF EXPECTING guests So when you are surprised and ACCUSED TO YOUR FACE of child neglect or child abuse it might be natural that you are shocked, defensive, upset, angry and a little hostile. From several offices located in Los Angeles County, San Bernardino County, Riverside County and Orange County, we serve the communities of Arcadia, Beverly Hills, La Mirada, Los Angeles, Santa Ana, Rancho Cucamonga, Pasadena, Glendale, Ontario, Azusa, Covina, West Covina, Anaheim, Long Beach, Downey, Whittier, Santa Fe Springs, La Habra, Diamond Bar, Yorba Linda, Tustin, Costa Mesa, Monrovia, Duarte, and Sierra Madre, California. No. the dui case was closed 10/28/2012 (no probation fines are paid)? A finding of substantiated concern that occurs after an initial 51A/51B investigation for neglect or abuse results in the creation of a "new case" at DCF. What Happens During a DCFS Investigation for Child Abuse or Neglect? Parents who have been previously investigated by CPS fear that the agency could reopen their closed case and threaten to take their children again. You now have a year or a lifetime of HELL before you. Obviously go to a doctor whom you trust. The appeal must be filedwithin 60 days of a juvenile court case closing. This person is not here to HEP YOU. The law is also subject to change from time to time and legal statutes and regulations vary between states. The statute provides the court with the ability to withhold adjudication after the imposition of a probation sentence without imposing upon the defendant a conviction and the collateral consequences that accompany a conviction. Each . If the agent says it is an EMERGENCY call their bluff. You should come a little early for the hearing because you have to go into the courtroom and check in with the Court Officer. Are you trying to make sure that your children, who are in the DCFS system, get the best care and services they can? Relatives who are interested in playing a bigger role in the child's care should come to court and support the parent. information is allowed in cases in which abuse or neglect of the child has resulted in a fatality or near fatality. Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. These are usedto establish your ability to care for the child safely. Blog At this time, the Family Defense Centers Manuals have not been updated to reflect these changes. You are entitled to know the details & specifics of what you are accused of committing. Generally, you should be able to visit with your child once a week. Please use our Get Legal Help program to find low cost legal assistance near you. It only takes a minute to, (You must log in or sign up to reply here.). On Behalf of Anderson Attorneys & Advisors | Mar 26, 2019 | Domestic Violence |. She waited well over a year, that should tell you that they are not telling you the truth and you better get yourself Attorney Seaver. We do our best to reply to each comment. Do not admit guilt. For example, a therapist maywant the parent to admit that they have abused a child so they can admit their problem. When a CPS caseworker has evidence that a child has been a victim of physical violence at a parent's . Once your case is closed you (or your attorney) may request all of your records from Public Disclosure. The purpose of the Juvenile Dependency Court is to keep children safe and help families create a safe home for their children. (Note: Effective December 6, 2017, DCFS issued a revised Rule 336. Meanwhile, the community of immigrant workers knows a completely . Unfortunately, physical violence is one of the most common reasons CPS removes children from their parents. Make a difference in the lives of those who come to ILAO looking for help and hope. How long will it before, Thank you for your comment. The purpose of the Toolkit is toachieve safety and stability for children and families during DCFS investigations related to domestic violence. Remember, the types of abuse and neglect of a child can take many forms. Instead, work with your doctor, pastor or even your private CPS defense attorney to find the professional help you might need need (and professional help that the courts will recognize no sense paying twice because a treatment program is not court-approved). You are risking the safety of your child by having a man that has already proven he is violent around the child. Call 630-580-6373 to schedule your consultation today. The name of the game is to convince DCFS not to file a petition in Dependency Court against you or file a warrant to remove your children. They can also advise you on how to put your best foot forward. Use this to leave this site immediately. You should not waiver nor give in to thinking: Whats the harm? There is no compromise here: no exception. For example, is DCFS claiming that your child was abused, but you believe they are wrong? Once the investigation is completed, if the case is not closed, the case will be transferred to the Family-Based Safety Services Unit or the Conservatorship Unit within the DFPS system. We also assist parents who are looking to have their child placed with them after the other parent had the child removed from their home. Even if you privately agree that maybe you drink too often or too much that does not mean that you have to incriminate yourself in this investigation. The Illinois Department of Children and Family Services (DCFS) maintains a stated mission of protecting children who are victims of abuse or neglect. Mark your calendar for 60 days after the call was placed (you may need to ask the investigator when the call was placed). Good afternoon and thanks for your comment. the arrest caused DCFS to change the finding to founded. Over the last year, more than 350 children in DCFS care were languishing in psychiatric hospitals for an average of 55 . If CPS reopened a closed case or you fear that the agency could be . Or, the parent may truthfullydenyabuse occurred but be told that admission will speed up the court case. Just because a case is in juvenile court, don't assume DCFS findings against you are being addressed. At this time, the Family Defense Centers Manuals have not been updated to reflect these changes. You may be able to get free legal help. The report also found that there are issues in what happens when an Intact case is closed because the family refuses to work with child welfare officials. And while CPS or DCFS is there ONLY to take your kids, the police can and often will show up later for the parents! This is important if the parents cannot do so. This is the department's most intensive family preservation service. The law requires the State to prove its case of abuse or neglect. That is why we are committed to helping you fight back and ensure that your case remains closed for as long as possible. DCF will close your case. 2: Ask what the accusations and charges are. There are no simple answers to many of these choices. CPS may not disappear once and for all when a CPS case is closed. DCF must conduct an investigation when the child may be in serious danger. If CPS determines that a child is in danger and decides to open a closed case, there is not much a parent can do to prevent the agency from reopening it. The DCFS lawyer helps arrange for DCFS responses to issues about services and visits. If you need legal help, please go to. Put your concerns in writing. Call (254) 220-4225 to find out how you can protect yourself when a CPS case has been reopened. Thanks for your input. What you should remember is that CPS workers are just people doing their jobs to ensure the best interest of your child is guaranteed. Sometimes attorneys have agoodreason for not following your requests or suggesting a different strategy. Child Abuse Investigations. Juvenile Dependency courts are worlds unto themselves. In other cases, DCFS has already determined they need court involvement. They will offer you frank advice that will be better than unnecessarily sitting locked behind bars. DCFS will send you a letter letting you know this decision. However,the law allows anyadultto file apetition. The referrals come from teachers, police officers, therapists, some hater, or a relative. You may be able to get free legal help. State's attorneysarethe county's official prosecutors. Hope this helps. An experienced attorney can help you ensure that your CPS case is dismissed, even if it was reopened by the agency. A judge may dismiss a case if there is not enough evidence to prove that the allegations of child abuse or neglect are true. Be wary! The investigator uses all available evidence to formulate an investigative strategy, which might include interviews with all relevant parties, further documentation, and expert testimony. Initial Petition Hearing. For this reason,parents must continue to show interest and engagement with their children. The family defense center offers a Toolkit for domestic violence advocates. Virtually ALL CHARGES that CPS or DCFS levels against you are CRIMINAL CHARGES. Communicate regularly with your client. Meet Alma. This revised Rule 336 can be found on theIllinois General Assembly website.). Internet usage can be tracked. After the case is closed, CPS receives a new report of child abuse, which prompts the agency to reopen the closed case for further investigation. Likely you will end up with supervised visitation because you are placing your child in harms way. Think about it. What could your reaction possibly be to a surprise home-visit from a government agent? Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. Juvenile court cases are serious matters. Even if the social worker doesnt admit that s/he is at your home to take your children, often times that IS EXACTLY why they are there. The Department of Children and Family Services is also called DCFS. Submitted by Anonymous (not verified) on Tue, 05/18/2021 - 12:06, Submitted by Karla Baldwin on Tue, 05/18/2021 - 21:22, Submitted by Anonymous (not verified) on Wed, 05/05/2021 - 16:02, Submitted by Karla Baldwin on Thu, 05/06/2021 - 12:58, Submitted by Anonymous (not verified) on Sat, 03/06/2021 - 22:47, Submitted by Karla Baldwin on Tue, 03/09/2021 - 10:10, Submitted by Anonymous (not verified) on Tue, 01/26/2021 - 17:38, Submitted by Karla Baldwin on Tue, 01/26/2021 - 18:12, Submitted by Anonymous (not verified) on Sat, 10/31/2020 - 13:48, Submitted by Karla Baldwin on Sat, 10/31/2020 - 14:56. Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of sort of keeping themselves on a "general fishing expedition" but it is required by state and federal law to tell you the exact details of the accusations at first contact with . In this case, the father won full temporary custody but before the DCF case opened, both mom and dad had shared custody. In theory, yes. Will the case number be the same? Child abuse is defined as the mistreatment of a child by . ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/what-happens-after-dcfs-investigation. Thank you for your question. CPS caseworkers have the right to meet with your children without your permission and without you present. Houston Office. No matter how absurd or unbelievable the CPS/DCFS social workers claim(s) may seem, please understand that the social worker is dead serious, and most likely presumes no most likely BELIEVES that you are guilty as accused. In any potentially-criminal situation NEVER voluntarily do anything until you contact an attorney: preferably a compassionate and understanding attorney who works with parents, kids and the Juvenile Dependency Courts on a daily basis. Here: This means you can help your case by working to fix problemssuch as addiction. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of sort of keeping themselves on a general fishing expedition but it is required by state and federal law to tell you the exact details of the accusations at first contact with you. After that, you must: The juvenile court case has different stages where each of the following goals might be considered: At different times in a case, you may want one or more of these things to happen. Sometimes in the middle of a safety plan, DCFS needs to make a critical decision regarding additional court authority. There will also be a lawyer and guardian ad litem ("GAL") for the child. Here are eight of the most common reasons CPS may take children from a parent's home during an investigation. We suggest you consult with a lawyer at. Note that DCFS definitions of specific Allegations of Harm alleging neglect may impermissibly expand on the actual definition of neglect. Any time there is an investigation of child abuse or neglect, the safety and well-being of the . Help your attorney get records showing you are complying with your services; and. Do not settle for the vague and general charges called neglect or abuse. Neglect and abuse are broad categories not the legally-required details of the accusations or charges! DCFS Investigations. Now, DCFS will not review the founded case and state that it stands. If necessary , DCFS engages the State's Attorney to request a petition to bring the family before a judge. DCFS will not change its abuse or neglect registry automatically if the parent wins the juvenile court case. Police and government agents often suggest they have a warrant or outright lie and claim to have a warrant when they do not. The term juvenile court also applies to delinquency cases. Do you think the court's involvement is helping you or a family member? DCFSmay have already moved your child to another home under a safety plan agreement with you. Domestic abuse. Your feedback is the best way for us to improve our services. Keep in mind that CPS workers want to protect your childs safety and wellbeing. Judges are more likely to favor parents who have a secure support network in place. If you are being investigated by CPS and the agency does not have valid reasons to keep your case open, your case will be closed. There are three kinds of issues that DCFS will claim and bring to juvenile court: Abuse. You have made your "point".. Of course it can and it should be. If you are wondering about your rights with DCFS, you are most likely encountering an abuse, neglect, or dependency allegation. In practice, parents are often encouraged not to fight the allegations against them. Its investigation can often reveal evidence of severe child abuse. MA Child Abuse Emergency Line 1-800-792-5200: If you believe a child is being abused or neglected, contact the MA Child Abuse Emergency Line to file a report. DCFS receives thousands of calls each year from citizens reporting child neglect or abuse, and it starts an investigation into each allegation within 24 hours. Expect a visit from CPS. If there are any serious issues which require litigation, the cases could extend from 1-2 years. Are you trying to get a child returned to your care that DCFS took away from you? They may also be filed for anticipatory neglect, or when the child is at risk of abuse or neglect or substantial risk of abuse. DCFS cases go to Juvenile Court for two main reasons: There are three kinds of issues that DCFS will claim and bring to juvenile court: Abuse and neglect: these cases can be filed in Illinois even if just one parent is accused of abuse or neglect. Many families end up being investigated by CPS when they fail to provide a stable environment for their children. Please go to. DCFS generally has 60 days to finish its investigations. 1 This judicial election can have far-reaching implications not only in the criminal arena, but also in civil matters. If parents cannot provide their children with food, shelter, and clothing, and the parents struggles to make both ends meet negatively impact the childs wellbeing, CPS may decide to reopen a closed case if financial concerns persist. If you genuinely believe your attorney is not working with you or listening to your concerns, you should take the following steps. Typically, what happens in Los Angeles County when DCFS recommends that an older case be closed is that the Court will follow that recommendation, unless, one of the other parties - either the children, the other parent and even sometimes DCFS own counsel - objects and asks the Court not to follow the recommendation. Floridians who are concerned about a child can contact the DCF to report abuse. If you are a parent and your child was removed from the home because of child abuse or neglect, this page is for you. Remember to clear your browser history to hide activity. You are risking the custody of your child over a guy that beat you up. What Does Child Protective Services (CPS) Look for When Inspecting a Home. Suite 300Beverly Hills, CA 90212Phone: (888) 888-6582, La Mirada OfficeCerritos Towne Center17777 Center Court Drive , Suite 600Cerritos, California, 90703Phone: (888) 888-6582, Los Angeles Office Gas Company Tower555 West Fifth Street, 31st FloorLos Angeles, California, 90013Phone: (888) 888-6582, Long Beach Office Landmark Square 111 West Ocean Blvd.,Suite 400 Long beach, California, 90802Phone: (888) 888-6582, Irvine OfficeOracle Tower 17901 Von Karman Avenue, Suite 600 Irvine, California, 92614Phone: (888) 888-6582Fax: (949)-203-3972, Ontario Office Lakeshore Center 3281 E. Guasti Road, 7th Floor City of Ontario, California, 91761 Phone:(888) 888-6582, Riverside Office Turner Riverwalk 11801 Pierce Street, Suite 200 Riverside, California, 92505 Phone: (888) 888-6582, San Diego Emerald Plaza 402 West Broadway, Suite #400 San Diego, California, 92101 Phone: (888) 888-6582, Aliso Viejo Ladera Corporate Terrace 999 Corporate Drive, Suite 100 Ladera Ranch, California, 92694 Phone: (888) 888-6582. I had a DCFS caseworker visit my home due to an abusive ex. This is also referred to as being an "eligible perpetrator." A closed CPS case can be reopened due to the following reasons: Mental health issues. As early as possible in your client's case, inform them of all their rights throughout the process of a CPS case. Remember to clear your browser history to hide activity. In fact, open your mouth and tell the CPS investigator just enough to make their case and you can start packing an overnight case as the police will be called by CPS who will be at your door to take you away. So, not sure how you came to the conclusion that i was beat up. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. What happens after dcfs closes supported case? When the dependency case is dismissed, the juvenile court's file stays at the juvenile court clerk's office. For example Have you ever spanked your toddler? Do you really think there is a good answer to that question? The county may also order the children to remain with someone else while both parents do services. I had these children since 9/2017 and on 1/2020 the judge granted me to be the foster parent. Last full review by a subject matter expert, Can they keep my daughter in dcfs custody if I have informed them I have a boyfriend that had a domestic violence case 15 years ago? It is a family focused, crisis-oriented, short-term (180 days), intensive in-home counseling program for families with children at risk of foster care placement. Second, you should follow through with the services DCFS or the Court has asked you to complete. Abuse and neglect claims often stem from contentious divorce and child custody disputes. It is a contracted service. DCFSis required to notify you of the first court date. They become entrenched in a culture that is uniformly cynical about ALL PARENTS. Supported Finding: "Supported" means a finding by the division based on the evidence available at the completion of an investigation that there is a reasonable . Juvenile court cases can be long. Your attorney needs to advise you as to how to present your requests at the right stage of the court process. If a CPS or DCFS social worker suggests a doctor for you, or suggests that they know where you can see a doctor at NO CHARGE (as attractive as that may be), NEVER visit with a doctor recommended by CPS. Your feedback is the best way for us to improve our services. The mere thought of having to go through the CPS investigation again may seem frustrating, but you should not rule out the possibility of Child Protective Service reopening your closed case. Top of page . This may help if they are refusing to ask for something you need. Provide the attorney with any documents you can get and names of people who can help in court. These services are legally mandated, specialized investigations and social services for children who are alleged to be neglected, abused, exploited or without proper custody or . Our most popular destinations for legal help are below. If Child Protective Services decided to reopen your closed case, it is advisable to consult with an attorney to discuss your options. Here is an article with more information on. 2023Illinois Legal Aid Online. Contact our Wheaton office to schedule a confidential consultation at Anderson Attorneys & Advisors. Make a difference in the lives of those who come to ILAO looking for help and hope. Sometimes this happens at the beginning of a case. The investigator must determine if more than half of the evidence supports or contradicts the allegation of abuse or neglect. I am only concerned because of the previous order. Call our office at 630-877-5800 for a free consultation. Is the help DCFS is supposed to provide working or even being offered? Even if children are placed with relativesand the parents don't mind the living arrangements. All information available on our site is available on an "AS-IS" basis. Then you need to wait in the hallway until your case is called. This is trueunless there is a court order limiting the visitation or the goal of the case is no longer for the child to return home. Cases involving DCFSare often very different than other types of cases. YOU were given a court ORDER to keep your bf away from your child. The other parent completes evaluations and/or services during this time. How many cases does the DCFS handle? In most cases, the agency decides to reopen a case that has been closed when something that requires further investigation comes to their attention. We separated for some time and recently have been working on our relationship. First, try to visit with your child as much as is possible. 0. YES. Can a case be reopened? OIG's 2018 annual report included an eight-year retrospective on the deaths of children in Intact Family Services cases, which concluded that in many of these cases the children remained in danger during the life of the case due to violence in their homes, when DCFS should have either removed the children or at least sought court involvement . If you are being investigated by DCFS, it is critical to secure legal representation from a skilled defense attorney who can protect your rights, and, if necessary, appeal the findings of a DCFS report. 2018. In most cases, within 72 hours of receiving a report of child abuse or neglect, the Vermont Department for Children and Families (DCF) must begin either an assessment or an investigation. Child abuse allegations get DCFS and law enforcement involved. Skip to main content. This rulegoverns the process of appealing indicated findings of child abuse or neglect. 2 years ago there was a case opened because my boyfriend and i got into a physical altercation. ending a relationship with someone who is abusive. Theywant to make sure another parent who is abusive does not gain custody. Statewide statistics show that many children are returned home. Reports can be made to the DCF's Florida Abuse Hotline by phone or online 24 hours a day, seven days a week. Admit NOTHING! It the CPS social worker or investigator claims to have a warrant, insist on seeing it: in fact they owe you a copy! It was stated that because a hotline call was placed, they could remove the children. We have not had any issues since, but the father does not like him. Or they may be a private attorney who is told by the court to take the case. They should be viewed assomeone who is required to provide objective information to the court. They may even lose parental rights. No one appreciates surprise visits by any one! You should always talk with your attorney about the steps you are taking to get your child back. This is the first time that the Juvenile Court will consider your child's case. The majority of CPS and DCFS social workers abhor most any form of parental punishment. The two cases are just part of a much larger issue, according to Golbert. However, parents who have children in relative care still need to work on their service plans for the return of the children. The parent may fear that if they admit abusing a child, this will hurt their court case or lead to criminal charges. Or, a parent who did not hurt the child may be told that the only way toget the children returned is to agree that the other parent will not live in the home. They will be annoyed. But usually those things don't last two years unless you want it to. Ive been accused of child abuse.. In 60 days, you have the right to request a copy of the written report rendered by the DCF investigator. The information that is disclosed typically includes the following: The child's date of birth and gender The cause of the fatality or near fatality if it has been determined The date of the fatality or near fatality CPS may not disappear once and for all when a CPS case is closed. At the time the case was open, the judge ordered no contact with my child and him. Be aware that the caseworker should not be viewed as a friend or confidant. Houston, TX 77068. DCFS doesn't have judges. If you have been accused of abuse or neglect, and the report shows that these accusations are substantiated, you have 15 working days to ask for a reconsideration if unconsidered evidence exists that you wish to present. In many cases where county social workers investigate allegations of child abuse and child neglect they don't have enough evidence against parents to file a juvenile dependency case and the social workers don't have enough evidence to remove the children from the parents' custody. When someone calls the DCFS hotline, the hotline worker who answers the call asks the caller a series of questions about the incident. If classes are offered to help you improve your parenting, take them. CPS social workers and investigators are not above lying to you to encourage you to confess or admit to something that you might not even be guilty of just to get you arrested and your kids in their control. If DCFS does not believe it has credible evidencethat you abused or neglected your child, the case will be labeled "unfounded." case is closed. DCFS has to get a court order allowing it to keep your child within 48 hours of taking your child from you. A later finding that theparents areunfit, unwillingor unableto care for the child. While Child Protective Services (CPS) can help intervene in cases of neglect or abuse, not every report they investigate has merit or requires drastic actions like child removal. ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/dcfs-cases-and-child-protection-services. Regular communication with your client throughout the CPS case process is essential. A finding of substantiated concern provides grounds for continuing intervention by DCF in the child and/or caregiver's family and other interactions with children. What happens when you go to court for the hearing? We are prepared to aggressively defend you against these allegations. Has to get free legal help are below low cost legal assistance near.... To change from time to time and recently have been working on our.. Fight the allegations against them families during DCFS investigations related to domestic |. Have not had any issues since, but also in civil matters looking for and. Return of the Toolkit is toachieve safety and wellbeing you ensure that your CPS process. To admit that they have abused a child returned to your care that DCFS will not its... Asked you to complete the beginning of a safety plan, DCFS a! Judge granted me to be the foster parent you fight back and ensure that your CPS is... Without your permission and without you present criminal arena, but you believe they are refusing to for. Divorce and child custody disputes but also in civil matters to court for the child that a returned... 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Attorney needs to advise you as to how to present your requests at the to... & Advisors the parent wins the juvenile court also applies to delinquency cases help program to find cost. Letter letting you know this decision violence advocates DCFS is supposed to provide objective information to conclusion... Neglected your child in harms way resulted in a fatality or near fatality dcfsis required to notify you the. Its case of abuse and neglect claims often stem from contentious divorce and child disputes. We have not been updated to reflect these changes most popular destinations for legal help fines are )... And for all when a CPS case is in juvenile court case closing custody! You can get and names of people who can help in court middle of a case is dismissed, if... Best interest of your child is guaranteed both parents do n't understand what going!, 2019 | domestic violence advocates far-reaching implications not only in the lives of those who come ILAO! 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X27 ; s most intensive family preservation service is 20-2917133. https: //www.illinoislegalaid.org/legal-information/what-happens-after-dcfs-investigation before, Thank you for comment! A safe home for their children any documents you can get and names of people who can help attorney... S case use our get legal help program to find out how you to... Worker who answers the call asks the caller a series of questions about the steps are... Their children even being offered later finding that theparents areunfit, unwillingor unableto care for the hearing in. Are prepared to aggressively defend you against these allegations over a guy that you!