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AttorneyTom, Lawyer
Category: Criminal Law
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If my daughters and nieces came foward to me, complaining about

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If my daughters and nieces came foward to me, complaining about a family member living in my home committing sexual act to them... wow don't know how to say this... but they all said he rubbed is private parts against there legs why they were sleeping and they all said the same thing has happen to them. can I have him arrested and taken out of my home
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello. Thank you for coming to JustAnswer. I am Thoreau and I am sending this answer to you only a few minutes after you asked your question.
Yes. Absolutely. If an adult family member in the home is touching children in the home in a sexual nature, that misconduct can be reported to law enforcement and officers can investigate the matter and arrest him for the conduct. Further, there may be a basis for a lawsuit by the children or their guardians against the abusive relative.
I'm very, very sorry that the children is experiencing that and I am sorry that your family is having to go through that. However, I'm glad that the children have someone like you who is interested in protecting them from further abuse. I wish you and your family all the best.
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Customer: replied 5 years ago.
I do have one more question will my kids be dragged through some horrible court case. and can I get him put him some sort of facility because he is a very heavy drug user and is stealing food and anything that's not nailed down to get it those and he has to complete it
Expert:  AttorneyTom replied 5 years ago.
Thank you for your message. I apologize for the brief delay. I was responding to another customer when you replied and I was unable to view your message until now.
The statements of the children may be necessary to prosecute him or to sue him. It's possible to avoid that in some instances, where other evidence is available. However, where this is no other evidence, there may be no other way to win and hold him accountable.
He could be reported for other crimes as well, and the state could arrest him for that. However, involuntary institutionalization is very limited and it pertains only to people charged with crimes and people who have mental conditions who need immediate emergency treatment to protect themselves or others. That's really a different issue for a different question, as it's a whole different legal issue. For your benefit, I've provided a link to a good article about the issue here:
I'm very sorry that your family is experiencing that and I'm sorry that the children are suffering as a result. I hope that everything works out for their best interests. Please remember that my job here is to provide accurate information about the law. Providing bad news is the hardest part of doing my job but it's a big part of doing my job well. If you feel that the law is wrong or unfair, I'd strongly encourage you to contact your legislators, as they are the only ones who can change it.
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