when they were the victims
2007-08-29 09:35:19 · 14 answers · asked by arbonnecrazy 1 in Politics & Government ➔ Law & Ethics
WE WENT TO COURT ON MY FIRST DAUGHTER AND A JURY STATED HE WAS INNOCENT. SUPPOSEDLY B/C THE CASE WORKER DID NOT REPRESENT THE CASE WELL. BUT MY YOUNGEST DAUGHTER WHICH WAS 3 AT THE TIME GOT SCARED AFTER SHE SAW HIS FAMILY AND DID NOT WANT TO TALK. SO HER CASE WAS SUSPENDED TILL SHE IS 10. WE DID HAVE A PERMANENT PO ON HIM BUT EXPIRED THE 16TH OF THIS MONTH AND THE JUDGE WOULD NOT RENEW IT B/C HE SAID HE HAD NOT HARASSED US BUT I BEG TO DIFFER.ANY WAY HE HAS NOW FILED PAPERS TO GET HIS VISITATION BACK. I JUST CAN'T IMAGINE HOW THE GIRLS WILL FEEL IF THIS HAPPENS. IT WILL MENTALLY SCREW THEM UP.
2007-08-29 10:01:30 · update #1
nope he should never have visitation again with them ever.. he should be in jail for the rest of his life..
2007-08-29 09:41:47 · answer #1 · answered by nas88car300 7 · 2⤊ 0⤋
The burden of proof in the criminal case was "beyond a reasonable doubt". In family court, when fighting custody/visitation, it is a different standard. I don't know where you live, but the standard is likely to be "preponderance of the evidence", a lower standard.
Therefore, in a custody/visitation fight the same evidence may win the day for you.
Since he has not been convicted of anything, you probably can't keep him away completely. But you should be able to argue for supervised visitation with a CPS worker present.
2007-08-29 10:29:26 · answer #2 · answered by raichasays 7 · 0⤊ 0⤋
No, most of the time there is a no contact order placed when he is sentenced, which usually last the entire length of the sentence. It will mostly likely be possible after his sentence is complete. (which includes probation) that he can go before a judge and request visitation. Its one of those things that can go either way.
Since it is a pending charge, the DA will not allow him to have contact because it could jeopardize the case. And he could possibly influence the children.
2007-08-29 09:54:05 · answer #3 · answered by ~Jen~ 4 · 0⤊ 0⤋
Remeber people. The charge is pending. Meaning its just a charge right now. A person is innocent until proven guilty. Give him his chance in court. But you being the mother, just keep a close eye on your kids.
2007-08-29 09:51:21 · answer #4 · answered by M R 2 · 0⤊ 0⤋
No. The x husband can not see or talk to the victims until clear of all charges if so the law may say he can see them but only supervise visitation
2007-08-29 09:50:29 · answer #5 · answered by Keith G 1 · 0⤊ 0⤋
Wow, it was bad enough until I read that they are the victims.. HELL NO! If it was me I'd go as far as to get one hell of a restraining order, and even move away. Damn, what sorry *** excuse for a person he is. But definitely fight any type of visiting for him and go all out on keeping him the hell away from those kids.
2007-08-29 09:45:28 · answer #6 · answered by blanquettedeveau 4 · 0⤊ 0⤋
No way. And if convicted should have a restraining order from being near any children.
2007-08-29 09:43:39 · answer #7 · answered by Robert S 6 · 1⤊ 0⤋
If he does it should be court ordered supervised visits, but in my opinon he should never get to see those kids again. He gave up his rights to see them when he raped them...
2007-08-29 09:42:50 · answer #8 · answered by railer01 4 · 1⤊ 0⤋
Only conviction counts, not the charge. (Which in reality is not even a charge but only a "pending" charge )
2007-08-29 09:42:24 · answer #9 · answered by OC 7 · 0⤊ 1⤋
Hell No!!! why would you give that a thought.
2007-08-29 09:41:02 · answer #10 · answered by mad_1240 6 · 1⤊ 0⤋