Legal Question in Family Law in California
Can I use spy wear as evidence in California to convict my child's father of child abuse? My child is three and is being threatened by his father whom is sexually abusing him. Also has unmonitored visits from the court. I can"t prove anything because my child is afraid to talk because he is being threatened by his father. What can I do?
2 Answers from Attorneys
I would use caution. If there is a recording without the father's permission, it will be inadmissible in court. You may want to speak to law enforcement and have them assist you, as they can obtain a warrant and get the information they need without violating the law.
The decision to charge someone with child abuse is made by the district attorney after getting a report from the police. The DA will only charge the father if the police present sufficient evidence to get a conviction. You ought to to the police or to child protective services if you think your child is being sexually abused.