My daughter was sexually abused by her father after we divorced. She never told me, but 6 years later, she confided in her counselor, who then reported it to CPS. An investigation was conducted, and it was confirmed that he had abused her. However, when I contacted the police, they said no criminal report could be filed because too much time has passed and we now live in different states. I’m now working on modifying our parenting plan so my daughter does not have to see him again. To do this, I need to file a declaration for adequate cause. What should I include in this declaration to ensure the judge fully understands the situation and prioritizes my daughter’s safety? Any advice would be appreciated.
Based on your other posts, you’ve mentioned conflicting details about whether the father did anything. Could you clarify that for us?
You should consult another legal professional about the charges. If your daughter is still under 18, there’s no statute of limitations for this type of case. Even for cases of assault happening before the child turns 15, every state has long statutes. I recommend talking to a lawyer to get charges pressed. This man needs to be held accountable.
So, 6 years after the abuse happened, an investigation proved that sexual abuse took place? How was that determined? Statutes for civil cases involving child sexual abuse usually last until the victim turns 18–30, depending on the state. But I have to say, I’m skeptical about the way you’re presenting this case.
If there was an investigation, then there should be official documentation of the findings. You should include any documentation or reports from CPS in your declaration to support your case.
This sounds like an issue with your local police or prosecutor’s office. Without their backing, it might be difficult to get a judge to issue something like a protective order. I would strongly suggest that your child gets a lawyer to advocate on her behalf in court.
Moving to a different state doesn’t absolve someone from being charged with crimes they committed in another state. I’d talk to a lawyer about how to proceed.
I know, it struck me as strange too, but the police told me that the statute of limitations had passed. I’m still trying to figure out how to move forward.