Legal Question in Criminal Law in California

There are no guilty findings in family court. Family cases are civil, not criminal.

The judge may not have believed the accusations, but that will not be enough to bar a criminal prosecution. The D.A. is allowed to pursue your brother, but if charges have yet to be filed then the outcome in the family court may persuade the D.A. not to bother.

I have done these cases for 20 years, and, as the other attorney has mentioned, family court is civil. Criminal charges can be brought against your brother no matter what the outcome in family court. He should see a highly qualified attorney who has done 100's of these specific type of allegations. You may contact me for a FREE phone consult if you wish. David Wallin

Yes. He wasn't 'tried' in family court for a crime; he was in a custody dispute. If he is charged with a crime, he will need to hire an attorney to defend those charges.

The thing you must understand is that different courts have different purposes. The situation your brother went through in a family court had nothing to do with the criminal charges that may be pending against him. In family court no one is put on trial. The issue of Child molestation may have been brought before the court in regards to a custody dispute and the Judge may have listened to evidence and made a decision, but it has nothing to do with anything related to the criminal charges that may be pending. It only has to do with the issue or issues in the context of the family court setting.

So the quick answer to your question is: Yes. Your brother maybe tried in criminal court for child molestation. If he is being investigated or has been arrested on these type of charges he needs a very good attorney. He should not talk with the DA unless he has an attorney present.

Good luck

Brian