False Accusation of Sexual Abuse of A Child

[alicia1206]

My question involves criminal law for the state of: Tennessee

We recently received disturbing news that my fiance's ex-wife has placed allegations of sexual misconduct with their now 8 yr old daughter. The alleged incident took place (from the words of the detective) 3 years ago -she would have been 5 yrs old. When first meeting with the detective handling the case (2 months ago), it was suggested that he take lie detector test to quickly put all of this behind him. He gladly agreed... A month later, in order to settle this once and for all, he took the lie detector test and……… “failed”. We are still not sure if there is any other “evidence” against him, only the claim of the person administering the lie detector, that he failed. When asked questions that would make any person sick to their stomach, how can you not trigger a response with a machine??? Today, he was finally contacted (a month after the lie detector test) by the investigator and DCS. The investigator wants to meet with him Friday "to get a statement" from him. DCS is having a restraining order put in place against him. Should we get an attorney? Should he meet with the detective again and give another statement? Does DCS filing a restraining order mean that charges are going to be filed? Any advice??? Thanks.

[panther10758]

YES!! he should get an Attorney and not answer any questions until he has done so. In fact he should have consulted an Attorney before polygraph! The Attorney would have advised him to decline

[alicia1206]

We realize that now... Will the lie detector results hold enough weight without any other evidence to formally press charges? Does DCS filing a restraining order mean that formal charges are in the near future, or is it common procedure with suspected abuse? Thanks again.

[panther10758]

DCS is acting to protect the child. Thats their job. A lie Detector failure is not enough to press charges. If they do then they have more. Now its in his best interest now that one of you start calling Lawyers!! YESTERDAY!

[alicia1206]

Thank you for your prompt reply.. It is well appreciated, especially because this is not something experienced by anyone I know. Now, the problem will be finding an attorney in my area that represents these types of cases. A search of local attorneys came back with not one that handles this type of case specifically. Will a criminal defense attorney do? Do you have any advice on how to locate a specialized attorney in my area?

[panther10758]

A criminal defense Attorney is a good start yes.