Irvington, NJ asked in Domestic Violence and Criminal Law for New Jersey

Q: Should I speak up and ask for help at court or should I stay quiet & wait until he tries to hurt my daughter again?

I went to court to press charges against my daughter’s(5 months old) father because I found him molesting her. At court my sister told me that they will give my daughter to him, so I decided to leave but the court took my information and sent DCF to my house. DCF spoke to me and I told them what happened. I explained them that my ex used to abuse me physically while I was sleeping and stole money from me. They went to his house and he convinced the DCF woman that I was the bad one. She called me upset and told me people lie and that he needs to see his daughter at his house. Days later, the DCF supervisor told her that They can not get involved. My ex Spoke to me and told me the DCF lady lied and that she got confused with another case. He also told me that he has a type of trauma and that his house is not adequate for the baby. I record all this. Can I take this as evidence in court & keep him away. His family also making fun of my baby hair and color (dark skin) they white.

3 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: You should immediately contact the police.

1 user found this answer helpful

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Domestic Violence Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I know how concerned you must be about the safety of your daughter.

In all issues regarding children, the Courts have to determine the best interests of the child. It is important to always document all evidence to protect the safety of your daughter. There are very specific and complicated rules of evidence for hearings at custody hearings, especially when DCPP is involved. To ensure that your rights, and the rights of your daughter are protected, it is important to consult with an experienced family law lawyer to discuss the options available to you.

Kelly M. Newman agrees with this answer

1 user found this answer helpful

Kelly M. Newman
Kelly M. Newman
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: If you saw someone molesting your child, regardless of who it was, you should contact the police to press charges, not the court. You should have your child examined at the Emergency Department of a pediatric hospital as soon after the abuse as possible. These are very serious abuses yet can be difficult to prove. I strongly recommend that you consult with an experienced family law attorney as soon as possible to assist you in protecting your child from further abuse.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.