Legal Question in Family Law in California

I have 4 children: 2 from 1st ex-husband and 2 from 2nd -ex-husband. Four years after I divorced the second one, my eldest daughter told me that the 2nd one had been molesting her for nearly the entire marriage. It started when she was 6 or 7 and continued until I left him (13 years old). We went straight to the police then court for a restraining order then CPS. I am a nurse and worked nights at the time. She said it was almost every time I went to work. After he was arrested, the district attorney said they would have to release him. In the meantime, my father had called my cousin who they had custody of when she was 13 to 15 years old. She had spent a significant time at my house during the 2nd marriage so my father was trying to find out if she had seen anything happening to my daughter when she was at my home. She revealed that he had also molested her and she was terrified of him. This was reported to the police and he was re-arrested as he was walking out of jail. 7 months later, he posted bail and has been out of jail since.

The initial report was made in May 2009. Since this time, I have been in and out of the family court to maintain a restraining order to keep my 2 younger daughters safe from him. The criminal case is finally going to trial this week after 3 years and 8 months since the report was made. He is facing 28 counts of child molestation against 2 victims. His "defense" is that my family got together to conspire this to get him put in jail so I could move out of state. While, I was trying to move to be close to my son in college (in Ohio) in 2008, my son came back from college before this started so I no longer wanted to move before my daughter told me. Also, neither me nor my parents had contact with my cousin in the years after she went back home when she was 15.

My concern is that the justice system is not perfect and sometimes guilty people get away with their crimes. God forbid he gets away with child molestation. My biggest fear is that if the jury finds a shadow of doubt and he gets off. My question is: If he is found not guilty, do my younger daughters (now 10 and 12 years old) have to go with him for visitation. I know the pain that he caused my eldest daughter, I do not want my younger daughters to suffer at his hands too.


Asked on 1/08/13, 10:32 am

1 Answer from Attorneys

The standards in criminal court are very different from family court. Just as OJ Simpson was acquitted of murder, but found liable in the follow-up civil litigation by the families of the victims, even if your ex can create a "reasonable doubt" in the minds of a jury, it doesn't mean he will have any luck with a Family Court Judge whose main objective is what's best for the children.

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Answered on 1/09/13, 2:30 pm


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