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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86610
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have an 18 year old daughter that on Friday March 29th I

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I have an 18 year old daughter that on Friday March 29th I kicked out of my house for continual lying. Upon leaving she went to a friends and has since pressed sexual harassment charges against me. I have been told I can not be home as my wife and I have two other children (Jadyn 8yr old boy and Tiana 12 yr old girl) in the house. DHS has said that they will possibly talk to me on Friday, April 5th. I am very confused and lost as to what I can or should do in this case. Any help would be greatly appreciated.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please clarify (and I know that this is not a pleasant topic), but, did she allege said sexual harassment against her, or, against the two children that are still in the home?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

She alleged the harassment against herself.

Expert:  Ely replied 1 year ago.
Thank you, B. I am typing out my answer now; apologies in advance for the momentary wait while I do so...
Expert:  Ely replied 1 year ago.
B,

The reason why DHS is involved is because likely, in her allegations, she has alleged that the abuse had gone on since she has been a minor.

Now, DHS has to come out for any case unless it is completely outrageous, so they have to interview everyone simply even if to say, "okay, nonsense" and to close it out.

However, do know that whatever you say may be passed on to the police. DHS is not police. You do not have to talk with them. However, because you have nothing to hide, a party in your situation may indeed wish to speak with them, but only using counsel. This is because DHS often has an inherent flaw of believing the child over the adult. So you may wish to overcome this presumption by having counsel guide you through the interview. The attorney may prep you for it, and, may stand in and/or terminate the interview at any time.

May I recommend the Oregon Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Now, if there was credible evidence of abuse, DHS will also want to talk to the children as well. If they feel that there is actually credible allegations, they may move to take custody of the children and the police may investigate for criminal charges. Ergo, as you can see, it is important that an attorney helps you navigate this minefield properly.

However, I have a feeling that once DHS realizes that her allegations are false and vengeful in nature, they will drop the matter, and everything will simply go away. The problem is, once an allegation is made, it would really help to show that it has no basis in reality.

As for not coming home - DHS has no power to order you to do that. However, during an investigation, it is customary that the adult is asked (i.e. threatened) not to come home until the matter is concluded. If you break this agreement, DHS may accelerate their investigation and move to take custody of the children even if simply for a temporary period while the matter is is still being concluded. While the Court may or may not agree to the DHS's request, DHS often has the Court's ear.

Ideally, the steps will be these:
1) Unfortunately, do not go home for now, so as not to antagonize DHS, although it is your decision;
2) Hire counsel and have the interview;
3) Show that the allegations leveled were vengeful because she was kicked out;
4) DHS drops the matter;
5) The matter goes away.

It should then not come up on a background check.

Finally, you may sue your daughter for DEFAMATION for this. Defamation is the publication of a falsity to a third party. Bank of Oregon v. Independent News, 693 P. 2d 35 - Or: Supreme Court 1985. I know, this may be little compensation, but may be at the very least emotionally satisfying.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.

Ok, so the interview has already happened with my two younger children and they said that nothing has ever happened. I was told that my interview would be Friday and that an officer would be present. I am afraid that this may be an indication that I will be arrested without a chance to state my side. I am currently unemployed and have very little income to pay for legal fees. Is it possible to find an attorney that could maybe work pro-bono or for a reduced rate until this is rectified?

Expert:  Ely replied 1 year ago.
B,

Ok, so the interview has already happened with my two younger children and they said that nothing has ever happened.

Excellent.

I was told that my interview would be Friday and that an officer would be present.

Okay. Even if there is a police officer, the same applies - you do not have to talk to them, and you can walk out at any time. However, it is best for a party in your situation to illustrate that there is nothing to hide. But, use counsel. Do not worry, doing so will not "make you look guilty" - they authorities expect it.

I am afraid that this may be an indication that I will be arrested without a chance to state my side.

No. It is standard that a police officer would be there for the interview. If they had wanted to arrest you, they would not have told you. Unless you sit there and state "I did it," they should not arrest you. Of course, use counsel to ensure that your answers are tip-top.

I am currently unemployed and have very little income to pay for legal fees. Is it possible to find an attorney that could maybe work pro-bono or for a reduced rate until this is rectified?

Sure. No promises, but I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/oregon.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-oregon.asp

Best of luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86610
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Criminal Law Specialists are ready to help you

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