civil law suit

[champton]

What is the name of your state (only U.S. law)? VA

Arrested and charged with child abuse and assault and battery of a minor child (my granddaughter). DSS Level II abuse founded (on the list for 7 years and pending appeal). Civil charge of child abuse - guilty (8-10 swats in discipline over the course of the day seen by the judge as excessive). Guilty of A&B - judge denied motion to strike. Appealed A&B - judge granted motion to strike due to the lack of probable cause – said that the case was non-tenable stating that “the DA never had a case" - "Nothing for a reasonable jury to deliberate" - two people disciplined the child that day and no information presented by prosecution substantiates either child abuse or assault and battery. No testimony presented explains a 4x7 bruise on the back - discipline used was appropriate for the offenses of the child and not outside reasonable for the use of corporal punishment to be used three times during the day considering the offenses of the child. There is so much more than I can put in this simple email, but need to know if this is this malicious prosecution? How do I proceed?

 

[HomeGuru]

What is the name of your state (only U.S. law)? VA

Arrested and charged with child abuse and assault and battery of a minor child (my granddaughter). DSS Level II abuse founded (on the list for 7 years and pending appeal). Civil charge of child abuse - guilty (8-10 swats in discipline over the course of the day seen by the judge as excessive). Guilty of A&B - judge denied motion to strike. Appealed A&B - judge granted motion to strike due to the lack of probable cause – said that the case was non-tenable stating that “the DA never had a case" - "Nothing for a reasonable jury to deliberate" - two people disciplined the child that day and no information presented by prosecution substantiates either child abuse or assault and battery. No testimony presented explains a 4x7 bruise on the back - discipline used was appropriate for the offenses of the child and not outside reasonable for the use of corporal punishment to be used three times during the day considering the offenses of the child. There is so much more than I can put in this simple email, but need to know if this is this malicious prosecution? How do I proceed?

**A: no it is not.

 

[champton]

Sorry, but I need more than that - why not if I have a judge saying that there was never a case and no new information was presented for him to determine that?

I am not looking to file a suit for the sake of filing. What happened to me is wrong and it seems to happen with great regularity when it comes to the schools and DSS.

 

[champton]

for those considering my question, please help me to understand. I have been told that I have a lot of material for a lawsuit against many players - not sure where to begin. I asked about malicious prosecution since the judge in my appeal said that there was never a case and that there was nothing for a reasonable jury to deliberate. If not malicious, what is this?

HomeGuru, need not respond please. I would like to enter into reasonable dialogue to understand, not argue or be made to feel an idiot for asking.