I'm 20 years old and my "father" molested me from the age of 2-12. I finally came out with it 2 years ago when I was 18 and I went to the mental hospital. His new wife, not my mother, just found out a couple months and now he keeps calling me and trying to contact me. I was wondering if I could get a restraining order because of what happened even though it is years later. He has even been suspected of doing it to my two younger half sister and CPS has been called in him and he has been investigated, but they closed the case. Also I am pregnant now and he keeps insisting on being in my childs life when he is born and I would rather him not be any where near my child for fear it could happen to him as well. If i can get it would it be good for my son when he is born?
There are a lot of different issues in this question! It is always a good idea to speak with an attorney about legal issues.
1) A personal protection order. In Michigan there is a Restraining PPO and a Stalking PPO. The first is for victims of dating or domestic violence, you must show there is or was a domestic relationship of some kind----someone you reside with or formerly resided with.
For the second type there is no relationship requirement. But you must show that there is a pattern of behavior with at least two past incidents that may cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested and these incidents do cause the person to feel this way.
So in the case you present------- if you have told him to stop contacting you and to leave you alone and he continues to harass you and you are actually scared of him then there may be a case for a PPO.
2) You may still have a claim for child molestation in the state of Michigan---you must report this to the police.
3) You do not have to allow him time to see the child. As the mother of the child you decide who sees the child and who does not.
Erika McNamara 734-476-0739, [email protected] The above answer is only for reference and general information only. An Attorney-Client relationship is not created through this information. ALWAYS seek the counsel of a licensed attorney. NEVER use the Internet as your attorney or information found on the Internet for legal advice.
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