How to secure an Order of Protection for my child against abuse and neglect?

Question

I have 50/50 joint custody of my daughter, and her mother has violated every aspect of the court order. I have repeatedly reported to CPS that my daughter is being abused by her mother's boyfriend and cousins, with evidence including photos and reports, but CPS has closed each case after investigation. Recently, my daughter told me her mother's boyfriend pushed her down, causing her to limp, despite claims from her mother that it was an accident at the park. He has also threatened me with bodily harm. I want to know how I can secure an Order of Protection on behalf of my child to prevent further abuse and neglect from her mother's boyfriend and cousins. I have documented evidence, but no legal representation yet. How can I proceed to ensure my daughter's safety and address the violations of the custody agreement?

Joshua Schiffer · Answer

There are no reasons a child should be physically abused and if DFCS is failing (typical) then your next stop is Law Enforcement.  You will also benefit from a lawyer to ensure your child's complaints are being heard.  Even if that means asking a judge to assign a Guardian Ad Litem for her.   
So go to the cops AND go to your family lawyer, as there are multiple available remedies.

James L. Arrasmith · Answer

You're doing the right thing by taking this seriously and gathering evidence. Even if CPS has closed past cases, you can still take independent legal action through family court. You have the right to file a petition for an Order of Protection on behalf of your daughter, especially if you believe she is in immediate danger. Family court judges take child safety seriously, especially when there's a clear pattern of abuse or threats. 
 
When you file, include every piece of documentation you have—photos, medical records, written statements, and any past reports to CPS. Be specific about the most recent incident where your daughter was injured and what she told you. Mention the threats made against you, as they show an ongoing risk to both you and your child. You can also request an emergency hearing to temporarily restrict or suspend visitation with the mother until the situation is investigated by the court. 
 
In addition to the protection order, you can file a motion to modify custody based on violations of the existing order and ongoing concerns for your daughter’s safety. You're not just reacting—you're advocating for your child when no one else will. Even without an attorney, your voice and your evidence can make a powerful impact in court. You're not alone in this, and you’re showing strength by refusing to stay silent.

Q: How to secure an Order of Protection for my child against abuse and neglect?