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serious misdemeanor

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residentialmom

Guest
Curious about what's next

What is the name of your state? IA


I'll try to make this as short as possible. Back in October, the police and children's services came knocking at our door one evening requesting our home computer and to check out our children and home. Apparently the night before they had a received an anonymous call stating that my husband and I had pornographic pictures of our 4 children on the computer. Knowing that we had nothing to hide we gladly gave them our home computer as well as my husband's company laptop. Several days later the laptop checked out fine and over a week later the home computer checked out fine. The first night the police came though I knew immediately who had called the police and I told them my suspicion. They followed-up and ended up subpeonia the phone records of a calling card that the call was made from. In January, my suspicion was confirmed that it was the step-mother of my 2 oldest children. 3 weeks ago she did an interview with the police and confessed and was arrested and released obviously that same day. She is scheduled for a preliminary hearing on 3/15. Will that be an open court? Will she have to appear? Also, do we have any recourse as far as a civil suit against her? She has been constantly harassing us and that evening in October was very stressful. I feel she put the kids in a horrible position and I am so thankful that one of them especially our 2 year old had not recently fallen and had a bump or bruise on their head because I believe they would have been removed from our home. My oldest daughter is 12 and she wants nothing to di with step-mom now. Any answers to my questions would be appreciated. Thank you
 
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residentialmom

Guest
My main questions for this forum are - Is it an open court when someone appears for a preliminary hearing? Will she have to appear or can her attorney do it for her? Do we have any recourse as far as a civil suit (not just regarding visitation), but harassment or defamation of character. I thought this would be a better place to ask those questions rather than the family law forum.
 

stephenk

Senior Member
prelim hearings are in open court. she will most likely be there. however, her attorney can request waiving the prelim hearing if the attorney believes the prosecution has enough evidence to proceed forward with their charges.

yes you can sue her in civil court for her actions. you should consult with a civil attorney that deals in tort litigation.

you should also apply for a restraining order against her ASAP for your entire family.
 

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