Q: Can I get charged w/ negligence if I continue following court-ordered visitation even though I suspect sexual abuse?
My child's father is granted 2-3 overnight visits each week per our court-ordered possession and access schedule. Recently my 2.5 year old has made several detailed allegations of sexual abuse by his father. Law enforcement has suspended the investigation due to "lack of a corroborated outcry until he's older and more comfortable communicating with strangers". I've applied for a protective order for my son in an effort to get around current court-order that's in place, but it was denied. My son continues to tell me that the abuse is happening (very specific details well beyond the knowledge of a 2.5 year old child) and I'm going to continue to pursue the investigation of these allegations. However, in the meantime, I'm still mandated to follow this court-order and subject my child to abuse. No one will help me help my son. Could following the court order get me charged with negligence?
A:
The crime of Injury to a Child can be committed by both overt acts and by reckless or negligent omissions. Penal Code 22.04. Certain professionals also have a duty to report suspected child abuse. Family Chapter 261.
Your report to law enforcement should be sufficient, but it would be wise to obtain a copy of the report generated by the investigating officers. This is often referred to as the Incident Report but different agencies may refer to it by different names. Read over that report to be certain that everything you told them is included, even if it says "She says XYZ but that accusation is unfounded." This way you can be sure you won't later be blamed for not reporting XYZ.
You should also obtain a copy of your Application for Protective Order and verify that any accusations it contains are complete and accurate.
Finally, report the suspected abuse to the Department of Family and Protective Services (CPS) and ask for written confirmation acknowledging that you made the report.
Once you have made all the reports all you do is be an example for your child about how an adult SHOULD behave and maybe find a therapist with experience helping young children. Don't keep reporting the same accusations over and over and over to the point where YOU could reasonably be accused of a crime like Harassment or Stalking.
1 user found this answer helpful
A: You should file your own action to modify the court order in place based on all that you have stated in your question. The standard of proof for this is a lesser burden than that in a protective order request. Let us know if you need assistance. 888-343-4529.
Victoria Collins agrees with this answer
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