California: I’m a parent looking for advice on how to protect my child from her uncle, who happens to be the half-brother of my co-parent. The situation is quite serious as this uncle has repeatedly been peeking into and occasionally walking into the child’s bedroom, which she shares with her father. This is concerning because she showers and changes clothes there. To my knowledge, he hasn’t touched or said anything inappropriate to her, but the behavior is alarming nonetheless. Unfortunately, my child’s father is disabled and not physically capable of interrupting these incidents while they are happening. Complicating matters further, the uncle is currently living in the same home as the child’s father. I’ve spent a lot of time looking at the courts.ca.gov website and believe I need to fill in or prepare a CV100, CLETS001, DV110, DV120, and DV200. I would like to confirm if this is correct or if anyone can advise me on what forms I actually need to deal with this situation. If I am on the right track, I would like to know what exactly I should be asking for. I understand that the protections requested cannot deprive the uncle of his residence. I am inclined to ask the court to bar the uncle from entering the room my child shares with her father or from approaching within 18 feet of any doors or windows of any bedroom or bathroom she shares with her father or myself, or any restroom she may use at another address. The home where the uncle resides has two other complete bathrooms with their own showers and/or bathtubs. I acknowledge that a carve-out or exception has to be made for usage of the kitchen, his bedroom, etc. If my request is likely to be considered unreasonable by a judge, how can I make a reasonable request that still protects my child from this behavior? Full transparency, my co-parent is fully on board with this action and has provided photographic and video footage of some of this behavior. Our child has confirmed that this happens and has expressed discomfort, especially when it occurs at night.
If the father agrees that the child’s safety is at risk, why even send the child there for the next thirty days until the uncle is hopefully gone?
Hari said:
If the father agrees that the child’s safety is at risk, why even send the child there for the next thirty days until the uncle is hopefully gone?
That’s a valid point. We’re concerned about her safety for the next 30 days and hoping the uncle will depart at the end of the now-terminated lease.
Until Uncle Creepy is evicted, your daughter is clearly safer with you. It seems both parents care about her safety and the judge should take that into account. I’m worried about how you all plan to move forward. At some point, she needs more stability and privacy.
@Kai
The housing situation is temporary, and we are hoping for a solution soon.
I have a lot of questions about this situation, but have you contacted a lawyer and the police about this?
pamelajames said:
I have a lot of questions about this situation, but have you contacted a lawyer and the police about this?
Yes, the uncle is currently in police custody.
How old is your child? And why does the uncle continue to live with your co-parent? Why does your co-parent allow this?
Baylen said:
How old is your child? And why does the uncle continue to live with your co-parent? Why does your co-parent allow this?
The landlord gave the uncle a 30-day notice that the lease is terminated for harassing and peeping at other occupants of the home. Hopefully, he will not continue to live with my co-parent.
So for the next 30 days, have you considered moving the child in with you? Protect her from this situation.
esleystanley said:
So for the next 30 days, have you considered moving the child in with you? Protect her from this situation.
That is what we have done. It has not been pleasant for her as she loves her father dearly, but it’s necessary for her safety.
@Fallon
It’s sad for your child, but it’s for her protection. It sounds like this uncle has escalated if he’s getting evicted for doing this to other tenants.