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Ex wife is accusiong me of sexual assault

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drcreger

Junior Member
What is the name of your state (only U.S. law)? California

After almost 2 long years of a nasty Divorce, it was granted Jan 2009. I have 2 weekends a month with my 4 yr old daughter, I live in San Diego and I drive all the way to LA to pick her up and bring her back.

My ex has lied to the Judge about money she makes, a new car, refused to provide medical, school and shot records to me ( I have 50% legal custody), not shown up for the visitaion pickups, moved in with a new boyfriend without telling me where my daughter lives and had her rights read to her by the Judge for contempt on a few of the above issues.

About 2 months ago, I petitioned the Courts to have my 4 yr old given her own Attorney because of mother's and attitude and lies, they agreed and issued her an older woman who is a former teacher and child Psychologist.


That is when the trouble started...

My ex was losing horribly bad in Custody Court, did not show up for 2 Court Ordered Mediations and was about to have half of her Physicaly Custody altered, when she called My daughter's Attorney and told her that I "must be molesting her" because her private parts were hurting. My ex made this accusation 3 days after I dropped my daughter off, but instead of taking her to the Doctor, she called the Attorney who immediately took my little girl to a Rape Crisis Center in a local Hospital, but then refused for her to be checked out for any abuse.. During the only interview that I and my daughter had with her Attorney, my daughter was being silly in the restaurant and kept pulling on the buttons of my dress shirt; the Attorney took that as an "odd closeness".. My daughter was also playing with my shirt, arm, watch, napkins and crayons.

In addition, my ex now has 2 people, a guy and his girlfriend, that have provided statements that I masterbated in front of her 2 years ago. The truth of the matter is, I met the woman at a bar and she gave me oral sex in the her car and then we went back into the bar. The man was the Bartender at the time, we were all friends, but now they are dating.


So, on March 9th, 2009, I have to drive to LA for an Ex Parte' Hearing that is asking me to cancel all visitations with my daughter, no more weekly phone calls to her, see a Psychiatrist, do a criminal background check and give up my 50 Legal Custody..

I cannot afford an Attorney, my ex has a high dollar one that her new boyfriend is paying for.. My ex wants me to forget all about my daughter and go away, she also has a 9 year old that I helped raise; her biological father was pushed out in a similar way 8 years ago, just without the allegations.

My ex is a Scientologist with an 8th grade education, never had a job and has always lived off of other people her whole life. I have a college education, professional..


Help me please...What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

After almost 2 long years of a nasty Divorce, it was granted Jan 2009. I have 2 weekends a month with my 4 yr old daughter, I live in San Diego and I drive all the way to LA to pick her up and bring her back.

My ex has lied to the Judge about money she makes, a new car, refused to provide medical, school and shot records to me ( I have 50% legal custody), not shown up for the visitaion pickups, moved in with a new boyfriend without telling me where my daughter lives and had her rights read to her by the Judge for contempt on a few of the above issues.

About 2 months ago, I petitioned the Courts to have my 4 yr old given her own Attorney because of mother's and attitude and lies, they agreed and issued her an older woman who is a former teacher and child Psychologist.


That is when the trouble started...

My ex was losing horribly bad in Custody Court, did not show up for 2 Court Ordered Mediations and was about to have half of her Physicaly Custody altered, when she called My daughter's Attorney and told her that I "must be molesting her" because her private parts were hurting. My ex made this accusation 3 days after I dropped my daughter off, but instead of taking her to the Doctor, she called the Attorney who immediately took my little girl to a Rape Crisis Center in a local Hospital, but then refused for her to be checked out for any abuse.. During the only interview that I and my daughter had with her Attorney, my daughter was being silly in the restaurant and kept pulling on the buttons of my dress shirt; the Attorney took that as an "odd closeness".. My daughter was also playing with my shirt, arm, watch, napkins and crayons.

In addition, my ex now has 2 people, a guy and his girlfriend, that have provided statements that I masterbated in front of her 2 years ago. The truth of the matter is, I met the woman at a bar and she gave me oral sex in the her car and then we went back into the bar. The man was the Bartender at the time, we were all friends, but now they are dating.


So, on March 9th, 2009, I have to drive to LA for an Ex Parte' Hearing that is asking me to cancel all visitations with my daughter, no more weekly phone calls to her, see a Psychiatrist, do a criminal background check and give up my 50 Legal Custody..

I cannot afford an Attorney, my ex has a high dollar one that her new boyfriend is paying for.. My ex wants me to forget all about my daughter and go away, she also has a 9 year old that I helped raise; her biological father was pushed out in a similar way 8 years ago, just without the allegations.

My ex is a Scientologist with an 8th grade education, never had a job and has always lived off of other people her whole life. I have a college education, professional..


Help me please...What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
This is honestly not a case that you should attempt to fight without an attorney...not with accusations that are that serious, with a minor's attorney who seems to at least be buying into it a little, and not when your ex has a high powered attorney. You cannot afford not to be represented. Borrow the money from a bank, or family if you have to.

However one thing that is critical...completely get the idea out of your head that because you have a college education and are a professional, that you are better than Scientologist, 8th grade education, never had a job, mom. In the eyes of the law you are not, and if the judge or minor's attorney get a hint of that attitude, it will hurt you.
 

mistoffolees

Senior Member
This is honestly not a case that you should attempt to fight without an attorney...not with accusations that are that serious, with a minor's attorney who seems to at least be buying into it a little, and not when your ex has a high powered attorney. You cannot afford not to be represented. Borrow the money from a bank, or family if you have to.

However one thing that is critical...completely get the idea out of your head that because you have a college education and are a professional, that you are better than Scientologist, 8th grade education, never had a job, mom. In the eyes of the law you are not, and if the judge or minor's attorney get a hint of that attitude, it will hurt you.
Agree 100%. Find the money for an attorney.

Note that the accusations are so common (and so commonly fabricated) that there is not much stigma to being CHARGED with abuse. If there is evidence found to support the accusation, then it becomes a huge issue. Make sure that YOU aren't doing anything questionable - like letting another woman sleep over while the child is there, etc.
 

drcreger

Junior Member
No Attorney

Thank you and if I could I would.. The ex took my daughter to a clinic and then decided that no exam was needed..

I have emails from my daughter's Attorney that are demeaning towards me and I am not given a chance to be heard... she has actually already came out and called me "at fault".

All of the accusers are friends of my ex, it is all here say and they are trying to use my "hooking up" with one of the friends 2 years ago as a character flaw.
 

mistoffolees

Senior Member
Thank you and if I could I would.. The ex took my daughter to a clinic and then decided that no exam was needed..

I have emails from my daughter's Attorney that are demeaning towards me and I am not given a chance to be heard... she has actually already came out and called me "at fault".

All of the accusers are friends of my ex, it is all here say and they are trying to use my "hooking up" with one of the friends 2 years ago as a character flaw.
Well, you can try it on your own, but don't be surprised if you lose. Get a second job, give up smoking, borrow from friends, beg on street corners, whatever. You've got a far better chance of beating this with an attorney.

If the daughter's attorney is taking a position not based on evidence, then you can ask for her to be removed because of bias. But you're not going to do that without an attorney.

The accusers may be in for a surprise. Your sexual activities between consenting adults are not legally an issue in visitation. Furthermore, if they bring that up, your attorney will hammer her for having a boyfriend move in with her as well as for her previous contempt issues. She can't have it both ways. If you are at fault for having a legal sexual relationship with another adult, then she is at much greater fault for having a sexual relationship with another adult which affects the child who lives with her. This is one that shouldn't hurt you - BUT it needs to be handled properly. Which is why you need an attorney.
 

LdiJ

Senior Member
Well, you can try it on your own, but don't be surprised if you lose. Get a second job, give up smoking, borrow from friends, beg on street corners, whatever. You've got a far better chance of beating this with an attorney.

If the daughter's attorney is taking a position not based on evidence, then you can ask for her to be removed because of bias. But you're not going to do that without an attorney.

The accusers may be in for a surprise. Your sexual activities between consenting adults are not legally an issue in visitation. Furthermore, if they bring that up, your attorney will hammer her for having a boyfriend move in with her as well as for her previous contempt issues. She can't have it both ways. If you are at fault for having a legal sexual relationship with another adult, then she is at much greater fault for having a sexual relationship with another adult which affects the child who lives with her. This is one that shouldn't hurt you - BUT it needs to be handled properly. Which is why you need an attorney.
The other reason why he needs an attorney is because people do sometimes get railroaded...even when they are innocent. It may not be all that common, but it happens.
 

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