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  1. #1

    Default Falsely Accused of Sexual Abuse

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

    I came home a couple month's ago to find half of my property and my kids missing from my house. When I inquired as to where my children are, I was told by an in-law family member that my wife had filed for divorce from me and had gotten an ex-parte order, accusing me of molesting my daughter. We went to our first hearing and the Judge ordered that my daughter (15) have a forensic interview done. At the forensic interview she denied the allegations my wife was making. She has been punished and secluded ever since this day by my wife who will not allow her to interact with anyone but her own family members. She did this interview on video tape, in front of the interviewer, DSS, and a police officer, who were also in attendance. Now in preparation for court in a couple weeks and no one will talk to my lawyer. DSS, Senergy house, the police, all we want is a copy of the forensic interview so I can clear my name. They have also failed to produce any of the discovery we requested. We had given my wife interrogatories requesting what my daughter had said prior to the forensic interview, and who she said it to. It is our understanding that from the get go she has denied the allegations except for when my wife and some of her family members cornered her for over an hour telling her they knew what the truth was and she needed to say it. Now I have not seen my kids in 60 days and am afraid that when I go into court in a couple of weeks that my wife and her lawyer are going to try and drag this out even further. What can I do to put an end to this, because I feel like both my kids and I are being abused by my wife and her attorneys blatant disregard for the legal process and are simply looking to try and drag this out as long as possible. Any help would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Falsely Accused of Sexual Abuse

    Your lawyer is in the best position to determine what's discoverable and what is not. Discovery of psychological records and DSS records can be complicated, but I would expect that your lawyer is familiar with the laws and practices in your state.

    If a party refuses to produce records that it is obligated to provide, the party seeking discovery can attempt to obtain them through motions to compel, subpoenas duces tecum (that is, demanding that the target of the subpoena bring the documents to court), and if the target ignores court orders then potentially a motion to show cause. You can discuss strategy with your lawyer.

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