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Do you think a judge would go for this safety plan??

Posted: Sun Feb 04, 2007 11:43 pm
by justina78
My husband has been charged with alleged sexual molestation by my oldest daughter. We have been through the whole family service plan except for the sex offender treatment being he would have to admit to doing this. Do you think a judge would go for a plan that says he can live in the house with the children if my mother in law moved in and supervised him around the children at all times. Please give me your input on this. Thanks

Posted: Mon Feb 05, 2007 4:49 am
by florida999
probably not, to be honest I dont think they would allow him to live with the children again even if he did admit and to the treatment class.

Posted: Mon Feb 05, 2007 6:21 am
by Frustrated
No I don't think so. Not after if he admitted to it. Judge won't allow it.
Remember Most Judges will rubber stamp every recommendations from CPS, never almost from the Parents. It is always with CPS and both of them agree to what services Families must take.

If your Husband did not do it, he should not admit to it, because if he admit to it, then he will be registered as a Sexual Offender in the Sexual Offender Registry for a long, long, long time. He will be labelled forever by everyone else. He will be looked down by wherever he goes. At work, at Grocery Store, at Schools...every where.

If I knew I didn't do it, I will NEVER ADMIT TO IT. Even if I was forced to it, I will never admit to it. That is if I am innocent of such blantant charges and I wouldn't have to suffer alot of persceution for nothing? I would take my chances in Court and hear what they have to say and go BASED ON THE EVIDENCE. I would rather go on Judicial System than CPS! Even if the Judge believed CPS, it does not matter. The "no admittance" will be registered into Court Records and I will know the TRUTH and God will KNOW THE TRUTH. They can do all they want but nothing, I mean nothing can break the ONLY TRUTH.

I would tell them, do whatever they want to do, break, ruin, tear, and blow high sky but I would stand my grounds. That's it. This way, I would know that I would not have to be labelled in this way ever again. The Truth will set me free.

That is just a prime example. If that was me, knowing my innocence, I will tell them go and shove it.

But....if he did do it. Then he should come clean and admit to it. But he will never be around Children in the same household. He possibly will get Supervised Visits. That's about it. I mean that is what the Judge would do in this Circumstance.

It s not Easy.

Posted: Mon Feb 05, 2007 6:36 am
by Marina
Did the sexual abuse allegations go through criminal court?

There are links on this website about challenging sexual abuse allegations.

In Virginia, a prisoner challenged the requirement that he had to confess in order to receive treatment. He was allowed alternative treatment, but had to stay in jail longer.

http://www.courts.state.va.us/opinions/ ... 190051.pdf

Last June, a California court ruled against using electronic devices for sex offender treatment.

There are challenges to using "treatments" as forensic methods to prove guilt.

In Texas, parental rights can't be terminated if a case is pending in criminal court that relates to the child maltreatment allegations.

Posted: Mon Feb 05, 2007 6:56 am
by Bob_Lynn
You might also want to read this paper on false accusations of sex abuse (if these are indeed false), before you do anything else. It was written by the same attorney who strongly advises against volunteering to take a polygraph test.

http://fightcps.com/forum/viewtopic.php?t=6224

Posted: Mon Feb 05, 2007 9:53 am
by justina78
No he didn't admit he would have to admit to it to do teh treatment classes

Posted: Mon Feb 05, 2007 9:56 am
by justina78
No it hasnt gone through criminal court at all. He hasn't been charged with anything

Posted: Mon Feb 05, 2007 10:28 am
by Frustrated
If he did not do it, and if he was never charged of the Crime. He shouldn't admit to something he never had done. If he wants the Case to go away and do the treatment plan to "get home" or "get it over with".
That is not always the case. It will make the Case worse for him. It will nail the coffin in really shut on him and he would be in it for the long haul.
They can threaten all they want.

"If you do this treatment plan, you can go home" is a big fat lie. He will NEVER Go home. CPS will make sure of it.

It does not make sense It is like going from Point A to Point C without getting to Point B. He won't get there. In fact, he will stay at Point A because CPS will make sure he will stay there.
To do the Treatment Plan will take forever.

CPS can make the Court Order him to do the treatment plan regardless of what he says. He is already guilty in either Family or Juvenile Courts, but there is no due process to have Case in Criminal Courts.
That is why CPS has him in their Strings: "Do what we say or else."
I wouldn't do it. Even though if they already deemed me Guilty. At LEAST I KNOW THE TRUTH AND I KNOW I NEVER ADMITTED TO IT WILL GO ON COURT RECORDS. :wink:

Posted: Wed Feb 07, 2007 4:22 pm
by florida999
sexual abuse allegations are a tough one. the only way to get your children back is to somehow prove the allegations false. cps is not going to give them back. even i he admitted to it, and took the class they probably still would not return the children. if you cant prove them false, your pretty much screwed. and if he is guilty, then they probably shoudnt be returned anyway. just my opinion.