Legal Question in Criminal Law in California

My daughter (never married) has two children by two different fathers. She is now residing with one of the fathers who is a one count felon on formal probation and is now going to court regarding two other felonies. The one count is for terroist threats against his x-wife. Me, the grandmother, feel that this is not an acceptable situation for my daughter as this felon beats on my daughter. This is not a good environment for her two children. This felon has threatened that if she do anything legal against him, like a restraining order, he will retaliate. She has asked him to move out of the residence they are residing at and he says he will but never does. She has been paying for all the rent and other expenses, however, this felon is on the rental agreement. If this felon does anything illegal while on probation, by law, he is to be returned to jail. Law enforcement picked him up last weekend driving without a license in a car that was not registered to him. Law enforcement also found a scale in the van which is an indication he is dealing drugs, however, they did not return him to jail. Instead the Officers chose to come to my daughter�s residence and question me and my daughter like we were the criminals. The Officers asked about some marks on my daughter arms and I told the police what the marks were, cigarette burns put their by the felon, however, they still did not take this guy to jail. My daughter is afraid to say anything because this felon has threatened to call CPS. CPS has taken the two kids before mainly because they said she failed to protect them from a abuser (the felon). CPS will come get them again and I am scared to death. This felon is blackmailing me with retaliation and my daughter with CPS. What can I do at this point when the police won't do a thing. Please help me as I have dealt with CPS before and that agency has more power than anyone including the police. They do as they please. The person that called CPS in the first place was a family member and she lied to CPS but her lies were believed and we were unable to have the children with me and my mom, the great-grandmother. They were put in foster care but after 6 months my daughter did get them back. Please help me with some ideas as to how to get rid of this felon in a legal manner.


Asked on 9/03/09, 10:48 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

It sounds like you know what needs to be done, but you are allowing this bad guy's threats to prevent you from doing it.

Your daughter needs to get her kids out of the abusive environment. If that means going to a battered women's shelter, then that's what she needs to do. Many shelters can accommodate a woman with children. She should also apply for a restraining order to kick him out of the house.

From her prior involvement with the Juvenile Dependency system (commonly known as a CPS case), you know that allowing her children to be abused can result in the children being removed for failure to protect. The longer she subjects them to this kind of treatment, including being burned with cigarettes, the more likely they will be removed from her custody.

Waiting for someone else to do something will not protect your daughter or her children. She needs to take the necessary action now, despite his threats.

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Answered on 9/03/09, 3:58 pm


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