Phoenix, AZ asked in Family Law, Domestic Violence and Civil Litigation for Arizona

Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the investigation no luck of update. And i wanted to file a domestic violence and fraud because there is a pattern i may say and wanted to show all the evidence. My ex husband is now together with his exgf with their love child, and wanted for money and trying to sell our house by divorcing me because i found out the felony crime he did to my minor child, and this is not the first time, he already molested my eldest daughter which was only known last year when he did not stop stalking my eldest daughter and we could not file a case since it happen in our country, but this time, because of recent discovery, i could not just ignore this for my minor child who is with me here in America.

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you could discuss with a civil litigator.

As for the divorce, the Court is required to divide the marital property without regard to the marital misconduct. There is an exception if he gets convicted and sentenced to 80 years+ in prison; in that case, he forfeits his share of the community property.

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