child in dangerous situation

[Sunnyone83]

Ma'am,
He has not been convicted. He had a preliminary hearing and he is now out on bail. However, the statement that he made clearly specifies what he did, etc and the conditions of his bond is that he has NO contact with minor children.
Honestly, I do not want our son going to this house, period. If this is the kind of backward decisions my ex MIL is making for my son and hers, then I don't think it is safe for him to go back, period. To me, the caregiver (molester) not being in the household on the days my son is there is not good enough. She has let this man be a part of my child's life and her disabled son's life for the last two years.
I am in the process of getting a lawyer to look at this. However, do you think I have reason enough to deny visitation until it is settled? I really hope I can get her hands off our child and that under the circumstances (with dad being mentally and physically incompotent) that he can have supervised visitation, instead.
Also, I have contacted the magistrate. I'm too scared to contact the bondsman,..I'm afraid they may be family friends (small town) and my cover will be blown before I get I can get a good lawyer envolved.

Quick question: This statement confused me. Is this person actually in the house with your son on days that your son is there?

 

[Ohiogal]

I asked for the information from the magistrate's office.

The MAGISTRATE"S OFFICE? Yeah I see a major issue with that. The magistrate is not supposed to have ex parte communication with a party. Ethical violation.

 

[birdbrain53]

The MAGISTRATE"S OFFICE? Yeah I see a major issue with that. The magistrate is not supposed to have ex parte communication with a party. Ethical violation.

Excepting OP is not a party to the criminal case against the caregiver. And it would be public information unless the filings were sealed, right?

Just sayin'

 

[Ohiogal]

Excepting OP is not a party to the criminal case against the caregiver. And it would be public information unless the filings were sealed, right?

Just sayin'

WRONG. The magistrate can NOT give out information regarding a case. The CLERK could give out information that is public but the MAGISTRATE can not.

 

[LdiJ]

WRONG. The magistrate can NOT give out information regarding a case. The CLERK could give out information that is public but the MAGISTRATE can not.

She did however say that they live in a very small town, therefore its quite possible that the court clerk and the records are located in the same offices as the magistrate.

I have seen towns small enough that the magistrate (part time), the public defender (part time) the police, the court clerk (also part time) and the records were ALL located in the same offices.

 

[sktl2806]

This is correct..it's all located in the same place. I called the magistrate's office but I'm not sure who I talked to. I gave his name and they gave me the charges and the when I asked, the conditions of his bond. Just to clarify, Yes, this man is in the house, with my child and his father (who is mentally and physically disabled) along with grandma (POA for dad) every other weekend and this past summer, almost every single day. This man has been the the van in the back seat with my child while grandma drives..because he is with with them to pick up our son. There are just way too many possibilities...
Just as an update, my lawyer called me and reassured me that we would have something by Friday, even if it means just an order that he can not be in the house. Meanwhile, I am going to try to get visitation changed. ...I'm calling the Police Dpt today to file a report.

 

[stealth2]

I called the magistrate's office but I'm not sure who I talked to. I gave his name and they gave me the charges and the when I asked, the conditions of his bond.

None of which explains how you got a copy of his statement - I find it hard to believe that they would just hand that over to you.

 

[Ohiogal]

None of which explains how you got a copy of his statement - I find it hard to believe that they would just hand that over to you.

Especially since that is EVIDENCE and would NOT be released to the public at large.

 

[LdiJ]

Especially since that is EVIDENCE and would NOT be released to the public at large.

Freedom of information act maybe? If its in the file isn't it a public record?

 

[Ohiogal]

Freedom of information act maybe? If its in the file isn't it a public record?

If it is EVIDENCE against him it should not have been released by FOIA especially in an ONGOING criminal investigation. That stuff is NOT released. Something is not right in how she got a statement from a criminal investigation.

 

[LdiJ]

If it is EVIDENCE against him it should not have been released by FOIA especially in an ONGOING criminal investigation. That stuff is NOT released. Something is not right in how she got a statement from a criminal investigation.

You are probably right. In small towns lots of things happen that shouldn't necessarily happen.