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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32369
Experience:  Began practicing Family Law in 1992
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My ex-husband was under investigation for abuse on our 4

Customer Question

My ex-husband was under investigation for sexual abuse on our 4 year old daughter. CPS, the DA, the detective, and the interviewing counselor all believed her. When she completed a SART exam, there was no physical evidence and the criminal charges were dropped. We are now faced with a status hearing and two days of trial set. What can I expect from the status hearing? I'm terrified of him, and I need to protect my daughter. Please help.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Can you be more specific in your question?

Also, is this the first hearing?

Customer: replied 4 months ago.
Do i have to have witnesses at the status hearing? What information/evidence do I need to get?
This is the second status hearing, the first was continued because the DA had not made a decision regarding charges.
Expert:  JD 1992 replied 4 months ago.

Do you have an attorney or is this just the CPS and DA? Does your ex have a lawyer?

Customer: replied 4 months ago.
I am currently trying to get an attorney but am fearful I won't find one available with the hearing dates. Our hearing is less than two weeks away. My ex has a very good lawyer, yes.
Expert:  JD 1992 replied 4 months ago.

If you don't have an attorney yet then you would need to have your witnesses available. Usually in a case like this the DA will "fill in" for your lawyer on a very short term basis (I am assuming that CPS is on your side at this point).

As to what evidence you need, I can't answer that since that requires an intimate knowledge of the case as well as the trial strategy. What I'd suggest is bring all the evidence that you have or sit down and discuss it with your CPS case worker.

You should be able to find a lawyer, two weeks is plenty of time. Go to www.lawyers.com and in the section for Area of Practice enter Family Law.

When you state there are "two days of trial set", are you talking about for the status hearing? Also, you mention that the criminal charges were dropped, have there been any new charges filed?

Customer: replied 4 months ago.
No criminal charges were filed. Cps is on our side. We have a status hearing set and two days of trial for what they told me would be the witnesses. But I need the witnesses for the status hearing? If witnesses are present at status hearing, is there a need for a trial?
Expert:  JD 1992 replied 4 months ago.

Usually a status hearing is just a short hearing where the judges checks in to see how everything is going. Normally they last less than an hour, which is why I was asking of the two day is for the status hearing or for a trial. If it is for the status hearing then, essentially, that is a trial whereas if the two days is for a hearing at another time then the status hearing is just when the judge finds out what CPS is doing, gets a report on the child, etc.

Since no one has told you whether or not to bring witnesses then you would want to bring them. It is better to have them there and not use them than it is to not have them there and need them.

Normally there is a status hearing every month or two, depending on the exact court.

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