My finacee's ex boyfriend has wrongly accused me of child abuse on atleast two different occasions...both times Children Services were out and investigated and found no abuse. This last time he involved the police...is there any way I can get these people on slander?
2007-03-09 01:58:25 · 9 answers · asked by debbie81268 1 in Politics & Government ➔ Law & Ethics
How about you simply go to the police and file charges against your fiancee's ex-boyfriend for harassment and wrongful prosecution? Lawsuits cost money and usually don't do much to help the situation. Additionally, you could claim that this man is causing harm to the children. Since the Child Services people usually don't tell who made the accusations, how did you find out?
We have always believed that child abuse accusations should not be anonymous and that the fundamental right to confront your accuser should be upheld. However, the Child Services people claim that "it is in the best interests of the child" to prohibit the accused from exercising his/her constitutional rights.
I would recommend you go to court and get an Order of Protection to keep that person away from both you and the children. Additionally, you have the right to have him prosecuted for false accusations and you can demand that CPS initiate those charges. Be aware that CPS will be reluctant to do so because they won't want to take the chance that there might be abuse that they aren't aware of. Be sure that you get copies of all the CPS reports and make sure that the charges are listed as unfounded or these charges could actually ruin your life even though they are false. Also, if you can get copies of the records and the accusations, you will have something to take to an attorney. Then an attorney can tell you what all of your options are. Be sure you get a copy of the police report, too. Go and talk to the State's Attorney's office and ask them how you can protect yourself from these false accusations. The State's Attorney can file charges if you can prove you're being falsely accused and if you have verifiable information about the accuser. If you can prove that the false charges actually harmed you and/or the children in some way, you would have a better chance of success in prosecuting him.
2007-03-09 02:15:03 · answer #1 · answered by MH/Citizens Protecting Rights! 5 · 1⤊ 0⤋
I agree with the people above, it's about what you can get, not whether you can get a moral victory.
These people are bullying you, so one way to deal with it is to sue them for slander, that's standing up to them. The other is to not let it get to you. Simply talk to the cops and child services nicely, offer them a cup of tea or something, show them you're a great parent and eventually they'll stop coming.
If this happens a few more times make sure the police and child services notes that you've been falsely accused on several occasions. They should just stop coming after a while and realize the other people are nuts.
A couple of other things to consider, tell your children that though you have differing views appearantly that they're still loved, so they don't feel in too much turmoil over this. Also you may wish to encourage your children to not tell the other parent to much about what happens at home, tell them that the other parent doesn't seem to like to hear it and is still hurt by the seperation.
Another thing though if this escalates, you may wish to have your custody of the children looked at again, because this cannot be healthy for them.
2007-03-09 02:17:56 · answer #2 · answered by Luis 6 · 0⤊ 0⤋
Yes, you can sue them for slander.
But they may also be liable criminally if they are filing false reports to the police. I would tend to investigate this avenue rather than the slander tactic.
Chances are you would receive nothing even should you win the slander suit (unless they are well off with attachable assets).
2007-03-09 02:09:07 · answer #3 · answered by Wyoming Rider 6 · 1⤊ 0⤋
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2016-10-17 23:01:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes
2007-03-09 02:16:08 · answer #5 · answered by Hummbaba 5 · 0⤊ 0⤋
As long as you've got money to pay your attorney you'll discover you can sue just about anyone, for anything. Whether or not you can win is another matter.
2007-03-09 02:23:47 · answer #6 · answered by Yak Rider 7 · 0⤊ 0⤋
I'd be inquiring with the local prosecutor if any charges for filing false police reports or false charges against you can be brought against this person.
2007-03-09 02:06:30 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Of course you can sue them. Two things to consider though. First, can you win? And second, do they have anything for you to win?
If you win and they have no money, what have you won?
2007-03-09 02:01:10 · answer #8 · answered by Steve H 5 · 1⤊ 0⤋
Dont foget you can also sue for harassment as well.
2007-03-09 02:07:02 · answer #9 · answered by Anonymous · 0⤊ 0⤋