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  #1  
Old 07-26-2012, 11:00 PM
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Question Requesting abuser's previous incident reports for parental custody

If your abuser has a history of DV, can I, as one of the victims obtain an incident report from one of his previous cases against another victim?

The Attorney says that this information will be helpful in building a case against the abuser having joint custody of the kids.
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Old 07-26-2012, 11:10 PM
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All cases are public - go to the courthouse and ask.
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Old 07-27-2012, 02:25 AM
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You'll have to fill out a FOIA request, and the names of minors will be redacted, but the rest should be available provided your abuser wasn't a minor at the time he abused others or there's not a significant, compelling reason for the records to be under seal.

Further, you should be able to get case information from the courthouse, including the names of former attorneys and prosecutors.

The PD will be good for obtaining police reports, names of responding officers and complaining witnesses.

Again, FOIA requests will have to be filled out.

Also, for every criminal case, there's undoubtedly an order of protection, which may be under a different case number. Getting a record of all OPs, with dates and types of OP would be good.
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Old 08-03-2012, 08:52 PM
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I thought FOIA was only for federal info. Do state responses take as long as Federal (years)?

Don't forget the value of a good Private Investigator. Not all police reports end up at the DA's office, especially if they come from a different jurisdiction. PIs' have some amazing database magic that could help.
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Old 08-03-2012, 09:03 PM
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FOIA is Freedom of Information Act, and most state and local governments release with a signed FOIA request. It usually doesn't take years, but the exchange of one document (plus copying fees) for another.
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Old 08-31-2012, 07:53 PM
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Unless there is any mental health involved. I was not allowed to get any information- even if I was involved in the cases- because he played the mental health card. All of his old cases were protected under that at the PD and the Courthouse. Hopefully, that is not the case wth yours. They did say that it should have been available otherwise.
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Old 09-01-2012, 02:06 PM
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I tried to obtain the info and was told that since I was not involved in the case I was unable to get those records. I will have to go another route
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Old 09-03-2012, 01:02 PM
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Do the children involved have a guardian ad litem? if so, they might have better luck at getting the records. Also, the is some sort of in camera process where only the judge sees the records. Sounds like your lawyer needs to be more proactive.

Do you know the parties involved? Sometimes a PI can get parties to give up the info or get an affidavit describing incidents. Family court records are handled differently than criminal courts, but that doesn't mean criminal records won't help you.

Are the records excluded to all non-involved parties? Why would the fact that there were Mental Health issues preclude viewing? There must be facts unrelated to the mental health issues that could be seen if the policy didn't exclude all non-involved parties.
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