Ex is saying that he is going to file charges against my father for supposedly molesting me when i was 6, I am 37 now. He is saying my mother knew as well and we stayed with my dad (who i do NOT refer to as my step-dad...he is my father!) How do I fight something that didn't happen? I have been trying to gain knowledge to dissuade him because we will be out so much money and unnecessary anguish on my family and kids. I know now in LA SOL is 18+ 30 years but do you use that data or what the law was then? This is so confusing to figure out how to fight something that never happened. I'm trying to get ammo to stop him from even filing such a crazy charge.
Family Law Attorney
You do not designate the forum in which your ex is saying he will "file charges." I can tell you that in custody cases, all kinds of accusations are thrown about. people threaten a lot, but unless it's in a police report or a pleading, ignore it. I do not know your ex's motive: It could be your ex honestly believes he is protecting his children, or it could be that he is trying to leverage some advantage against you. Your best bet is to be honest - is there was an issue, own it; if there was not an issue, (and he files something) look into a psych evaluation or a custody evaluation. Let the experts determine the merit.
Criminal Defense Attorney
If he is threatening criminal charges, remember that your ex doesn't get to "file" any charge. He can make a complaint with law enforcement, but it is up to them to investigate and then refer the matter to the District Attorney if they believe the allegation has merit. It is then up to the DA to decide if charges will be filed. If he is making the threat in the custody proceedings, it is up to him to prove the allegation. If he fails to prove it and really has no evidence, the court will not be amused.