Visitation Rights for Sex Offenders?

[blackraven07]

What is the name of your state? TX

In January of 2005 my ex plead out and received adjured judification for a possession of child pornography charge. He now as to register as sex offender.

A month and a half later our daughter was born. At the time we had been separated for 7 months and have not been a couple since.

When we went for child custody arrangements his attorney agreed to no visitation without the mother present if I agreed to less child support.

Now that he is off of probation he has stated that he will be taking me back to court so that he may get his visitation back.

When I took him to court in the beginning I was told that I had no room to ask that his visitation be supervised. I did not know until our custody court date that he had prior allegations of sexual abuse against him from his now 10 year old daughter. Nor did I know that part of his child pornography was the result of pictures he had of me, I was 16 when I met him. I moved in with him a few weeks after my 17th birthday. During the time I did live with him the police were called numerous times. Each time I requested that he be charged for assaulting me and was told to go back inside the house, sleep in a different room, and that he would be better in the morning.
Being that I stayed, and that I should have known about the prior allegations, they are saying that he has every right to have non supervised visits with overnight stays. Currently he lives in a mobile home with only one bedroom. He doesn't always have water, heat, or even food.

I think she should know him and that she should form her own opinion of him but I don't think that she should be put at risk to protect his rights.

Do I have a case to continue to ask for supervised visits? I don't want to continue to supervise the visits, there are agencies where we live that will do it for us.

Last year while I was pregnant with my son, from my current marriage, her father assualted me in a parking lot because of the visit didn't go how he wanted. I called the police to make a report and when I called them to file charges the woman detective told me that I should wait til he did something more serious towards me and that they didn't see the point in filing charges for what he had done.

 

[Humusluvr]

Um, I'm not getting you. I looked at your other posts, and it seems like your ex husband and your current husband are BOTH sex offenders, and that your current husband was just accused of rape.

Your ex husband had child porn, and that was pictures of YOU? what's up with that?

I moved in with him a few weeks after my 17th birthday. During the time I did live with him the police were called numerous times. Each time I requested that he be charged for assaulting me and was told to go back inside the house, sleep in a different room, and that he would be better in the morning.

Who told you THAT???? why did you stay?

Last year while I was pregnant with my son, from my current marriage, her father assualted me in a parking lot because of the visit didn't go how he wanted. I called the police to make a report and when I called them to file charges the woman detective told me that I should wait til he did something more serious towards me and that they didn't see the point in filing charges for what he had done.

I highly doubt anyone would say something that stupid.

 

[Just Blue]

Frankly there is something wrong with you. Both your ex and your current hubby are sexual offenders. Please get help before your children end up raped by one of your bizarre choices for mates.

blackraven07
Junior Member Join Date: May 2008
Posts: 3

Should I get an attorney?

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What is the name of your state? Texas
My husband was arrested for agrivated sexual assualt in 2007. A year has passed and now they are taking the case to trial. He was given two weeks notice that the court date was set and his defense attorney has not prepared a defense; however, his attorney also told him it was dropped from a Class A to Class B felony.
Either way we have been seperated since Jan 01, 2007. In the year and a half since they came about not once did the defense or the DA call on me for testimony. Now in the last week they are yelling at me over the phone wanting to know when I can come in and talk to them. I have two small children to care for and very little time. Now the DA has lied and says that I refused to talk to him because I stated I can not come in for an appointment two days before trial. My schedule is full during the one time slot he has made time for me.... Do I need my own defense?

 

[Ohiogal]

What is the name of your state? TX

In January of 2005 my ex plead out and received adjured judification for a possession of child pornography charge. He now as to register as sex offender.

Okay.

A month and a half later our daughter was born. At the time we had been separated for 7 months and have not been a couple since.

Okay.

When we went for child custody arrangements his attorney agreed to no visitation without the mother present if I agreed to less child support.

Okay.

Now that he is off of probation he has stated that he will be taking me back to court so that he may get his visitation back

.

Okay.

When I took him to court in the beginning I was told that I had no room to ask that his visitation be supervised. I did not know until our custody court date that he had prior allegations of sexual abuse against him from his now 10 year old daughter.

Was anything ever proven? Was he convicted of it?

Nor did I know that part of his child pornography was the result of pictures he had of me, I was 16 when I met him.

So he had pictures of YOU underage. While not good it does NOT show that he is a danger to your child.

I moved in with him a few weeks after my 17th birthday. During the time I did live with him the police were called numerous times. Each time I requested that he be charged for assaulting me and was told to go back inside the house, sleep in a different room, and that he would be better in the morning.

Where were you parents? Why did you move in with him? Why did you put up with that? have you ever had counseling?

Being that I stayed, and that I should have known about the prior allegations, they are saying that he has every right to have non supervised visits with overnight stays. Currently he lives in a mobile home with only one bedroom. He doesn't always have water, heat, or even food.

Prove that his home doens't have water, heat or food.

I think she should know him and that she should form her own opinion of him but I don't think that she should be put at risk to protect his rights.

Yet she is put at risk to protect your rights. Quite frankly have you ever been treated for your issues? Because you do have some.

Do I have a case to continue to ask for supervised visits? I don't want to continue to supervise the visits, there are agencies where we live that will do it for us.

Last year while I was pregnant with my son, from my current marriage, her father assualted me in a parking lot because of the visit didn't go how he wanted. I called the police to make a report and when I called them to file charges the woman detective told me that I should wait til he did something more serious towards me and that they didn't see the point in filing charges for what he had done.

I don't quite believe you were told that. But did you contact the prosecutor? Did you file for a CPO?

 

[Silverplum]

For clarity and ease:

What is the name of your state? Texas
My husband was arrested for agrivated sexual assualt in 2007. A year has passed and now they are taking the case to trial. He was given two weeks notice that the court date was set and his defense attorney has not prepared a defense; however, his attorney also told him it was dropped from a Class A to Class B felony.
Either way we have been seperated since Jan 01, 2007. In the year and a half since they came about not once did the defense or the DA call on me for testimony. Now in the last week they are yelling at me over the phone wanting to know when I can come in and talk to them. I have two small children to care for and very little time. Now the DA has lied and says that I refused to talk to him because I stated I can not come in for an appointment two days before trial. My schedule is full during the one time slot he has made time for me.... Do I need my own defense?

The alleged victim is a female unknown to me or him. She is legally blind and was waiting for a bus when he pulled over to give her a ride 2 miles down to a grocery store.
I knew the defense was going to subpeona me; however, the DA was the one that served me with one.
None of my testimony about that day is helpful to the DA, especially given that the very next day, the victim told me and her mother what happened and she stated that she was not a rape victim. Let me add, she could not pick him out of a line up nor did the DNA taken from samples on her match his.
The only other testimony that I feel the DA may want from me does not pertain to the case at all. It was a case that he was ruled out of because eye witnesses, another more viable suspect, and incorrect information.
I am just wondering if I need an attorney to protect my rights while be questioned, as of now the DA has become very aggressive towards me.

 

[Ohiogal]

Frankly there is something wrong with you. Both your ex and your current hubby are sexual offenders. Please get help before your children end up raped by one of your bizarre choices for mates.

Bay the second husband is NOT a sexual offender. He is accused. Doesn't mean he is guilty.

 

[Just Blue]

Bay the second husband is NOT a sexual offender. He is accused. Doesn't mean he is guilty.

You're right. But the fact that, coincidentally, her ex IS an offender and her current is accused of raping a blind woman is a little much for me.

 

[blackraven07]

Current husband is accused of rape yes. I did seperate from him as soon as the allegations came about. Infact the day of. I am not asking for anyone to say my choices in men were ok.

I stayed because I had no where to go. There is a 12 year difference in age and other than saying I was very stupid, among other things, I can not defend my being with him. He isolated from my family, I had no friends that were not his, he would beat me when I tried to leave, once pulling me out of a truck window by my neck after breaking it over me, but I left. Thats the point that no one gets. I did leave and I know it wasn't soon enough and I know for alot of people it isn't good enough. Why does my daughter have to suffer it though?

Yes the detective did tell me not to file the charges. I asked if I was suppose to wait until he killed me. She told me that that looking at his record they knew he would try something again and just to be patient. Once he came over with a gun and when the police arrived they dismissed the charges because he only stated he was going to kill himself in front of us and he did not have it loaded.

Either way I am sorry, I was looking for advice and not to be put down. I already live with my decisions every day. I really dont need other people to put me down for it too.

 

[Just Blue]

Current husband is accused of rape yes. I did seperate from him as soon as the allegations came about. Infact the day of. I am not asking for anyone to say my choices in men were ok.

I stayed because I had no where to go. There is a 12 year difference in age and other than saying I was very stupid, among other things, I can not defend my being with him. He isolated from my family, I had no friends that were not his, he would beat me when I tried to leave, once pulling me out of a truck window by my neck after breaking it over me, but I left. Thats the point that no one gets. I did leave and I know it wasn't soon enough and I know for alot of people it isn't good enough. Why does my daughter have to suffer it though?

Yes the detective did tell me not to file the charges. I asked if I was suppose to wait until he killed me. She told me that that looking at his record they knew he would try something again and just to be patient. Once he came over with a gun and when the police arrived they dismissed the charges because he only stated he was going to kill himself in front of us and he did not have it loaded.

Either way I am sorry, I was looking for advice and not to be put down. I already live with my decisions every day. I really dont need other people to put me down for it too.

Then don't go to court. If you can't take criticisms on a internet forum, you will certainly not be able to deal with a Judge who will be VERY verbal about the choices you are making on behalf of your children.

 

[mommyof4]

I'm going to repeat Ohiogal's advice.

Prove that his home is unfit for a child. If everything else was BEFORE your last proceeding and order, it's probably not relevant to this modification.

 

[Humusluvr]

The alleged victim is a female unknown to me or him. She is legally blind and was waiting for a bus when he pulled over to give her a ride 2 miles down to a grocery store.
I knew the defense was going to subpeona me; however, the DA was the one that served me with one.
None of my testimony about that day is helpful to the DA, especially given that the very next day, the victim told me and her mother what happened and she stated that she was not a rape victim. Let me add, she could not pick him out of a line up nor did the DNA taken from samples on her match his.

The female is unknown to you, yet she "told you she was not a rape victim?" But she is unknown? Huh?

And how does a blind lady pick someone out of a line up?

What were these DNA samples and why were they taken?

Me thinks the story does not add up.

 

[Ohiogal]

The female is unknown to you, yet she "told you she was not a rape victim?" But she is unknown? Huh?

And how does a blind lady pick someone out of a line up?

What were these DNA samples and why were they taken?

Me thinks the story does not add up.

Oh now. You want LOGIC and you think it needs to add up? Good grief. YOU ARE ASKING FAR TOO MUCH!

 

[blackraven07]

The female is unknown to you, yet she "told you she was not a rape victim?" But she is unknown? Huh?

And how does a blind lady pick someone out of a line up?

What were these DNA samples and why were they taken?

Me thinks the story does not add up.

Yes, she is unknown. He admitted that he offered and gave her a ride to a grocery store 2 miles away. I later found a phone that belonged to the woman in our vehicle and reversed tracked the home phone number to her house and returned the phone. Thus meeting her and her parents.

She had arrived home the previous day with a male she was not suppose to be with. When her parents asked she finally told them that someone else had given her a ride and left her at a park and that he had asked her to orally gratify him. Her parents called the police and took her to the local ER for a rape kit.

She is Legally Blind, not Totally Blind, thus meaning that she does have some sight and could identify a person that she was would have been less then three feet away from. She could see her cell phone from a distance of atleast 6 feet away and was able to send and recieve text messages with out modications to the phone for the blind.

Male DNA taken from her mouth the day her parents took her to the ER did not match his DNA. The DNA was of course taken because they were claiming rape that Saturday. She was 19 years old. The next day, a Sunday, she said that she did not consider herself to be a rape victim.