cturboaddict
Member
What is the name of your state (only U.S. law)? Illinois
2 Weeks ago, my (14yr old) daughter in formed me that her bio father has been touching her inappropriately. So I did what we thought was right, and went directly to the police.
Police informed me to go to the county courthouse and file for a Temporary OP. Which I did, and was granted. Had DCFS show up to speak to my daughter (which they were very helpful and informative), and advised that they would be present for the CAC interview tomorrow with my daughter. Daughter did the CAC interview and I met with the DCFS/Investigating Officer/States Attorney in the back room. They informed me that there wasn't "alot of tangible evidence, and it was a case of he said/she said", since there wasn't any physical evidence to see/document.
Bio Father was called into police station for questioning and refused to answer. He demanded a lawyer and was taken into custody. Police officer informed me that he was going to be held until the states attorney decided if they were going to pursue criminal charges for him or not. Officer told me that he felt very suspicious of Bio father.
A day or so later, officer called me to tell me that the states attorney moved the case into "Under advisement". That they didn't drop the charges, but didn't pursue criminal charges at the moment. He said that they then had to release the hold on him at the county jail. He informed me, if I needed the officer's help during the court proceedings that I could subpenoa (sp) him to court, as he wanted to help in any way that he could.
Daughter does not want to be anywhere near her bio father. (We never had a custody hearing during our divorce 9 years ago, but our agreement is that her primary residence is with me and he picks her up every other week to stay the night at his house. Drops her off at my house in the morning so she can catch the bus, and then picks her up after school. He doesn't live far.)
So, I have a OP hearing coming up next week and was curious as to what is going to happen. My daughter does not want to go to her fathers, she is scared of him and doesn't want to be near him. I don't want her to go there, and will do everything I can to keep her safe. Will they consider the case that is "under advisement" as open for the OP hearing? Could a judge tell me that I have to let her go to her father's house? What happens if she or I refuses?
Just scared and not sure what to do. Daughter is doing okay none the less, and is happy to be away from him.
Thanks for the help...
2 Weeks ago, my (14yr old) daughter in formed me that her bio father has been touching her inappropriately. So I did what we thought was right, and went directly to the police.
Police informed me to go to the county courthouse and file for a Temporary OP. Which I did, and was granted. Had DCFS show up to speak to my daughter (which they were very helpful and informative), and advised that they would be present for the CAC interview tomorrow with my daughter. Daughter did the CAC interview and I met with the DCFS/Investigating Officer/States Attorney in the back room. They informed me that there wasn't "alot of tangible evidence, and it was a case of he said/she said", since there wasn't any physical evidence to see/document.
Bio Father was called into police station for questioning and refused to answer. He demanded a lawyer and was taken into custody. Police officer informed me that he was going to be held until the states attorney decided if they were going to pursue criminal charges for him or not. Officer told me that he felt very suspicious of Bio father.
A day or so later, officer called me to tell me that the states attorney moved the case into "Under advisement". That they didn't drop the charges, but didn't pursue criminal charges at the moment. He said that they then had to release the hold on him at the county jail. He informed me, if I needed the officer's help during the court proceedings that I could subpenoa (sp) him to court, as he wanted to help in any way that he could.
Daughter does not want to be anywhere near her bio father. (We never had a custody hearing during our divorce 9 years ago, but our agreement is that her primary residence is with me and he picks her up every other week to stay the night at his house. Drops her off at my house in the morning so she can catch the bus, and then picks her up after school. He doesn't live far.)
So, I have a OP hearing coming up next week and was curious as to what is going to happen. My daughter does not want to go to her fathers, she is scared of him and doesn't want to be near him. I don't want her to go there, and will do everything I can to keep her safe. Will they consider the case that is "under advisement" as open for the OP hearing? Could a judge tell me that I have to let her go to her father's house? What happens if she or I refuses?
Just scared and not sure what to do. Daughter is doing okay none the less, and is happy to be away from him.
Thanks for the help...