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  1. #1
    Join Date
    Jul 2012
    Location
    Carson City Nevada
    Posts
    3

    Exclamation False Accusations and Abuse Investigation

    My question involves child abuse or neglect in the State of: Nevada

    I was just accused yesterday by CPS and a police officer of forcing my 13yr old step daughter to watch porn, drink alcohol and other things. they took all the computers and cameras out of my house without asking me. they made me leave my house and told me i am not allowed to contact my kids for 30days. I dont know what exactly im being charged with, if anything, I did not do any of the things I am being accused of. Shes 13 and doesnt like that I have rules. I am her step mother and she has torn my family apart. I dont know what I am suppose to do next to address these accusations. or how to get any of my stuff back that they took as "evidence". I have been surfing all the law texts online and none of them give me any help. Can someone please help me on what steps I need to take now?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,954

    Default Re: False Accusations and Abuse Investigation

    This sounds like an investigation not only by protective services but also by the police. You need a lawyer.

  3. #3
    Join Date
    Jul 2012
    Location
    Carson City Nevada
    Posts
    3

    Default Re: False Accusations and Abuse Investigation

    Where would i look to find a lawyer. I am a stay at home mother the past 12 years. I dont have the money for a lawyer.

    - - - Updated - - -

    PLUS im not even sure what Im being charged with yet. if anything.

  4. #4

    Default Re: False Accusations and Abuse Investigation

    Quote Quoting cme1115
    View Post
    they took all the computers and cameras out of my house without asking me
    Asking to take evidence or giving a heads up that evidence will be collected has a strange way of making evidence disappear or be altered. If they took the computers, they had a warrant from a judge to do so.


    they made me leave my house and told me i am not allowed to contact my kids for 30days
    Were you issued paperwork (restraining order) stating this?


    I dont know what exactly im being charged with, if anything,
    They can't know what, if anything, to charge you with until they investigate. If they already HAD charges, they'd have simply arrested you at the time.


    I did not do any of the things I am being accused of.
    Then they won't find evidence of whatever the accuser told them they'd find.


    Shes 13 and doesnt like that I have rules. I am her step mother and she has torn my family apart.
    13 year olds also don't understand that if you're with her dad, then they are DAD'S rules too. If YOU are the only one she's mad at, is there some dynamic in the home that fosters that impression on her? Are you the one who meshes out rules and punishments? If so, knock it off. You're not her parent, and she's not going to take discipline from you. Dad needs to step up and be the one in charge of those issues. If he has been sitting back and letting you be the "bad guy", then shame on HIM. HE needs to get the bull by the horns here.


    I dont know what I am suppose to do next to address these accusations
    Unless some evidence of a crime is found and you are charged, it's a waiting game at this point. There's really nothing for you TO do unless a criminal charge emerges. Spend the waiting time getting on the same page with dad about more productive approaches to dealing with the child.


    or how to get any of my stuff back that they took as "evidence"
    If a criminal charge emerges, the "stuff" will be entered into evidence in the case, and you won't get it back until the case is resolved through the courts (could take a LONG time). If no evidence is discovered and no charge emerge, then the items should be returned to you as soon as that determination is made.


    I have been surfing all the law texts online and none of them give me any help. Can someone please help me on what steps I need to take now?
    First, you don't want any surprises to sneak up on you. Have a very frank discussion with dad. If an investigation is going to uncover ANY porn on the computer, that's something you need to know, right now. Today. Normally, unless the porn includes minors, any porn found isn't an issue in and of itself. However, in YOUR case, if the minor has told investigators that you purposefully exposed her to porn, then that could give rise to a criminal charge, as it's a type of child abuse. That's a SERIOUS charge, so if dad indicates to you that porn might be found, even really old porn downloaded years ago that he thinks he deleted, you need to plan on it being found, and consider speaking to a criminal defense attorney (preferably several, looking for one with experience in challenging computer evidence).

    Does dad have primary custody or visitation? Where is the child's mother?
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  5. #5
    Join Date
    Jul 2012
    Location
    Carson City Nevada
    Posts
    3

    Default Re: False Accusations and Abuse Investigation

    I bought one of my computers from a friend and she has porn that she had deleted, but i know they can bring all that up. do i need to have her file a statement about the use of the computer before i bought it? I do have a bill of sale dated for march so anything before that is hers. dad has primary custody, mother lost her rights YEARS ago. I was never issued any paperwork. they told me I needed to leave or they were taking my kids. I was also told that i have until tomorrow to contact the detective in charge of my allogations by tomorrow or there will be a warrant. (and I have already called him, no answer do to holiday) I am the only one hashing out rules in the house as i am the only one home most the day. thank you for the advice. I am looking into defense attorneys, i had no clue where to start.

  6. #6
    Join Date
    Nov 2007
    Location
    CA
    Posts
    2,130

    Default Re: False Accusations and Abuse Investigation

    You're a stay at home parent, I'm guessing that dad works so...

    dad needs to come up with the money to clear this up.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  7. #7
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,157

    Default Re: False Accusations and Abuse Investigation

    If my dd accused my husband of such a thing (and I truly believed in his innocence) I feel it would be incumbent upon my to pay for his legal representation. Talk to your husband!
    ~Christina

    Unless a source is cited, anything posted here by me is only my opinion, and is not meant as legal advice.

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