Legal Question in Family Law in California

child molestation case

Please! We need help!

My sisiter had long been involved with an abusive husband. We have also recently found out that he has been sexually molesting thier daughter. Immediately upon finding out, my sister got the police involved and left to a safe place with thier children. It has taken 2 months now for the case to be seen by the District attorney. My sisters husband has lots of money and has hired a high powered attorney. Her husband is also an experienced sales man who can talk circles around anyone. We have just heard from the sheriff involved that the D.A. has met with her husband and thinks that her husband has a viable explination for the ''accident'' of molesting his daughter and the D.A. may not even prosecute the case. We have evidence, and my nieces statements that this has been on-going for over a year! I do not understand how the D.A. can decide not to prosecute! If my sisters husband is not arrested, he may be able to get partial custody of the children and continue to abuse them! We have no money and need serious help! Please if anyone can help us with this, it would mean so much to our family!

Asked on 2/21/07, 2:33 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: child molestation case

DAs have their own way of evaluating a case. The burden of proof for the da is beyond a reasonable doubt. Your sister should file for a domestic violence restraining order to keep him out of the house. If he has as much money as you state, she should be able to get a court order that he pay for her attorney fees. Even if there is not a conviction for molestation it can be used in family court. Review this matter with an attorney to determine the best way to proceed.

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Answered on 3/05/07, 11:38 pm

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