Abuse by Grandfather of Disabled Child
My son and I are currently living in Florida. The incident occurred while living in GA in December of '04. After 29 years of psychological and physical abuse by my father, he subsequently abused my disabled son, age 11 (at the time). My son has right hemiplegic cerebral palsy, leaving him unable to use his right arm and hand. While visiting my father for the weekend, my father lost his temper and repeatedly kicked my son in the left arm, resulting in a broken radius and ulna at the wrist area. My son was then unable to use either arm, since his "good arm" was broken and casted for 6-8 weeks. He was unable to attend school due to the situation, and I was unable to work outside of the home due to my son's need for assistance with eating, bathing, using the toilet… basically all "Activities of Daily Living". The situation created a deep depression for both myself and my son, leaving us in a state of shock and paralysis. This precipitated a cascade of events, including my son acting out sexually once he returned to school. Psychological testing revealed my son (and myself) have "Post-Traumatic Stress Disorder" due to this event. The psychologist concluded my son's inappropriate sexual behavior stemmed from PTSD following the abuse. My son subsequently spent 18 months in a residential treatment facility for children who have been sexually abused and acted out with another child. We had moved from GA to SC where the court ruled this was appropriate treatment for my son. They suspended all contact between my son and father until the treatment facility deemed was appropriate to enact "reunification". We were all ordered to attend counseling, but no charges were filed by myself or the state, as my father was residing in TN at that time. A police officer in TN interviewed my father, and elected not to pursue charges. (Note: my father is extremely manipulative, presenting himself as a concerned grandfather who accidentally caused damage to his grandson. He did not reveal his long history of physical and psychological abuse to my mother, myself, my child, and many others who were scared to file charges for fear of retalitation. This was the second incident in which he had caused physical harm to my son.)
***My question(S):
(NOTE: This was 7 years ago and both myself and my (now adult) son have suffered serious depression which has impacted every aspect of our lives…emotionally, socially, financially, physically, etc. )
(1) What recourse do I have at this point to file charges? Civil or Criminal court?
(2) Which state? (please remember the incident occurred while my child (11yrs old) was visiting my father in TN; we were living in GA at the time; we moved to SC where a Family Court Judge mandated counseling for all and residential treatment for my son for psychological and sexual issues.
(3) What type of atty handles these types of cases?
THANK YOU IN ADVANCE FOR ANY INFORMATION PROVIDED TO ASSIST ME IN RECEIVING JUSTICE. MY LIFE HAS BEEN A NIGHTMARE FOR 7 YEARS NOW :(
Re: Abuse by Grandfather of Disabled Child
Your son should consult a personal injury lawyer with the full factual history, documentation and police report, and have the case reviewed for any potential legal action against your father. If your father claims the injury was caused by negligence, perhaps there will be homeowner's coverage. Note, in order to be worth litigating, there must be assets or insurance that can be reached at the end of the case - if there is nothing from which a settlement or verdict could be recovered, you can expect that any law firm will charge by the hour to litigate the case.
If the alleged act occurred in Tennessee, then it's a Tennessee case.
If the police and prosecutor reviewed the case seven years ago and passed on it, even if we assume that the criminal statute of limitations has not run, the chance of their changing their mind after seven years with no other new developments is extremely slim.