Going through divorce with 3 little girls (4,3 &1). My husband's 2 little brothers(15 & 16) are being charged with

Asked over 1 year ago - Gilbert, AZ

Giving Harmful Items To a Minor via the Internet. The victim is my 4 year old daughter. My husband is allowing his brothers (predators) in his home for overnight weekend visits because they live out of town. My husbands parents are very aware of the charges and think this is not a big deal. My husband is telling CPS, Police Officers and Detectives that I am coaching her. We all know kids don't lie and the boys wouldn't of been charged and the case would never of went this far. What law is husband breaking by allowing contact when open active investigation in process. Can I sue for Defamation due to his accusations in all reports?

Attorney answers (5)

  1. Donna G Heller

    Contributor Level 13

    10

    Lawyers agree

    1

    Answered . Since you are going through a divorce, you might want to consider getting an emergency temporary order to keep the brothers away and protect your daughter while this is being sorted out. Also, this was posted in the family law area. You may want to post in criminal regarding whether an additional law was broken and a civil defamation area regarding suing for monetary damages. However, from a family law point of view you maybe would want to focus on protecting the child at this point, in addition to suing civilly or having charges being brought against the ex. This sounds like a complicated situation where it would be helpful to have a family law attorney to guide you.

    THE INFORMATION CONTAINED HEREIN IS INTENDED AS GENERAL INFORMATION ONLY. IT IS NOT LEGAL ADVICE, NOR IS IT... more
  2. Paul E Knost

    Contributor Level 16

    6

    Lawyers agree

    Answered . What you describe here is:
    1) A very serious criminal investigation against your husband's juvenile brothers;
    2) A very complicated and sensitive divorce case;
    3) A Child Protective Services case that has the potential to lead to a Dependency case.
    All three of these things, independently of one another, carry the threat of devastating consequences.

    To bring a law suit for Defamation, you would have to prove:
    1) False statements made about you;
    2) False statements about you were published;
    3) False statements, published, caused actual damage to you.
    This is generalized, there are some exceptions.
    Truth is a defense in a Defamation case.

    The first thing you should do is consult with a family lawyer who can help you sort all of this out. Your obvious priority is to protect your children from harm. If a valid and worthwhile Defamation claim surfaces, ask your family lawyer for a referral to a lawyer who can handle such a claim.

    God bless!

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Best bet is to sit down with a local family law attorney to formulate a game plan.

  4. David J. McCormick

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you do not have a divorce attorney then you need one ASAP to help protect your children.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Scott Douglas Camassar

    Contributor Level 16

    4

    Lawyers agree

    Answered . I added some additional tags for you to try to get some other answers. Good luck

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,713 answers this week

2,963 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,713 answers this week

2,963 attorneys answering