Legal Question in Family Law in Louisiana

Re: Sexual abuse

Go speak with someone with your local women's shelter or the person in charge of domestic violence/abuse in your local police agency or district attorney's office. No one can tell you what others will think or say about your story. At the least, your mom should have a restraining order/injunction against your step-father and then is he violates it she should take him to could.

Re: Sexual abuse

I agree with Mr. Pizzolatto that she should seek advice at a women's shelter or similar agency and get a restraining order. I also believe that she should contact local law enforcement about the stalking. If he is on probation then an arrest might get him revoked.

I believe that it is too late to have him charged for what he did to you. It might however give you a reason to take your mother to the police and give her a little courage.

Re: Sexual abuse

Dear LawGuru Friend,

I see that Andy Casanava and Nick Pizzolatto each have already responded to your post, involving several legal issues; and I am sure they have given you good advice, since both are great lawyers. I will add my two-bits to what they might have said, as I have not read their responses. I would advise your mother that he can't kick her out of the house, especially if it is jointly owned. However, since he is threatening, she might need to go back to court and get the Judge to give her the use of the family home until such time as the propety is divided. I know that that can be done before the divorce; and my best guess, without checking the law, is that it can be done after the divorce and up until the property is divided. At worst, he might threaten to move back in, as he owns a half-interest in the house; and that would indeed cause her problems; but that's what lawyers are for. If he did try that, she could move out, sue him for permanent spousal support and then sue him to force a community property partition; and as a result, she would receive her one-half interest in the house.

Secondly, stalking is a crime. That's what we have police for. Tell her to report the stalking to the cops, and that will end it. Also, she needs to call the section of the of the office of the Clerk of Court that handles Protective Orders and find out if one can be issued in the case where the parties are already divorced; and, if so, get one. If not, then she needs to sue her EX for a temporary restraining order and for preliminary and permanent injunctions prohibiting him from harrassing and threatening her. As far as the child sexual abuse thing is concerned, my personal opinion is that I'd not dig that up. Just my opinion, my way of thinking. And if he should run with the child, that's kidnapping; and he won't get by with it.

There's more to it all than this, but this is something to think about, especially when viewed in the light of what attorneys Casanave and Pizzolatta have already advised you. Best of luck to you, your mother and your little brother!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA