would like to file some kind of suit agaist this person...i was subject to random drug test, they also investigated by banking info..they took my personal info from my childs school computer...please if anyone has advice on how i can proceed,,i dont have money for legal fee's please help........
2007-03-22 15:49:24 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I would ask at the police department. I would not go in with an attitude though. I am sure that you are upset with them but they received a report and they had to follow up on it. They had to use every means necessary to protect your child and rightly so. If you want to go after the person that filed the false claim you should be able to do that through the police department.
Good Luck.
2007-03-22 16:01:39 · answer #1 · answered by nana4dakids 7 · 0⤊ 1⤋
At least in Texas, it is criminal to KNOWINGLY file a false report. Operative word is knowingly, and that is the hard part to prove. Usually, reports are protected for that reason.. that no one can guarantee if they suspect something (although I think they should). Yes, most places you have the right to copy of the report, but with the reporting person "blacked" out.
Having said that... to the best of my knowledge, cps (family services) are the ones who have to file any charges. On the assumption that ALL the evidence showed that it really was bogus, ask for a meeting with cps, and explain your position. That meeting, plus the current record, may go a long way to preventing more issues down the road.
2007-03-23 00:44:16 · answer #2 · answered by wendy c 7 · 1⤊ 0⤋
Isn't it unconstitutional to not reveal who accused you? I think you have the right to know who accused you.
Having the accuser remain anonymous opens it up to all sorts of abuses, I'd think.
I'm not sure if you can sue, though. The police followed up on something. Now if you were jailed and it turns out the accuser was lying to get you in jail, I'd think you'd have a case, do you see what I'm saying? Like if they filed false charges.
My answer is based on what details you provided.
2007-03-22 23:32:33 · answer #3 · answered by ? 6 · 0⤊ 0⤋
I don't believe there is much you can do...even if Family Services know who identified you, they cannot give out that person's name due to privacy. Most accusations are anonymous to begin with, so you may have no hope...the (potential) violation of a child is more important than your rights...sad but true...you have no recourse.....
2007-03-22 23:00:28 · answer #4 · answered by beetlejuice49423 5 · 1⤊ 0⤋
Call Legal Aid. Should be in the phone book -or call a family counseling service to get the number.
Or look it up online for the city you are living in.
2007-03-22 23:01:29 · answer #5 · answered by Your Teeth or Mine? 5 · 0⤊ 1⤋
I always thought you can charge people for false allegations, talk to the Cops about it.
2007-03-23 00:10:26 · answer #6 · answered by Emily L 4 · 0⤊ 0⤋