False accusations

[vulg4r]

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

For the past few months my mother has been spreading lies about me to everyone she knows. Some of the things are that I put a GPS tracker in her car, her phone. I follow her, I poison all her food, I broke into her job and caused them to go bankrupt, and thats just the tip of the iceburg. At this point shes trying very hard to have me arrested, she has been fabricating stories for the police. So far she hasn't succeeded, but I fear she will soon. What are my options legally?

 

[justalayman]

personally, she sounds like a nutcase. I suspect she won't be taken seriously in her accusations.

 

[vulg4r]

Unfortunately she has been taken serious to some extent. She told the police my father hit her and despite both the officers dispatched to the scene didn't believe what she had to say, their supervisor ordered them to place my father under arrest.

A new problem has arised and I'm not sure this is the right section. But she told the police that I don't live in the family house anymore and that my legal address is my girlfriends dorm room at drew university. Despite my drivers licence saying otherwise. What do I do to prove residency? My father can confirm that is my legal residence, but he is incarcerated until at least monday. Would a years worth of bank statements, credit card statements, and a tuition bill be enough to prove residency?

 

[quincy]

I am puzzled by the situation you find yourself in.

Is there some reason for your mother's relatively recent actions and accusations? If these false accusations are being created out of thin air, perhaps your mother needs some serious medical or mental health attention.

Why do you need to prove your place of residence?

Utility bills showing your name and address are often used as proof of residence although, if you live with your parents, these probably come in your parents' names and they take care of those. Tax forms, where paychecks are sent (or the address your employer has on file), the place your school has on record as your residence, etc., can all be used to indicate your permanent place of residence.

 

[vulg4r]

I honestly haven't the slightest idea where these stories came from. She saw three doctors and all three of them requested she take medication (Xanax I believe) but she refused to take them.

When she had my father arrested, she told the police that I haven't lived there in months and I was just a guest. The police refused to let me show them any documentation that I lived there, not even my drivers licence. Nor would they allow me to gather any of my belongings. I have 5 ferrets (3 of which I'm just watching while the owner is in the hospital) and I'm not allowed access to house to care for them.

 

[TheGeekess]

Sounds like Mom needs more than a Xanax™® for her problems. Has she physically attacked anyone?
If she can be proven a danger to herself or others, you could file to have her involuntarily committed.

 

[vulg4r]

Sounds like Mom needs more than a Xanax™® for her problems. Has she physically attacked anyone?
If she can be proven a danger to herself or others, you could file to have her involuntarily committed.

She has attacked my father a few times in the past few years, but my father thought just shrugging it off would resolve the issue. We tried contacting the Mental Health crisis center, they said unless they hear her say "I'm going to kill myself" they can't do anything.

 

[TheGeekess]

She has attacked my father a few times in the past few years, but my father thought just shrugging it off would resolve the issue. We tried contacting the Mental Health crisis center, they said unless they hear her say "I'm going to kill myself" they can't do anything.

Then they are not in compliance with the law.

New Jersey Court Rule 4:74-7(b) states in part that:
“…the certificates shall state with particularity the facts upon which the psychiatrist,
physician or mental health screener relies in concluding that (1) the patient is mentally
ill, (2) that mental illness causes the patient to be dangerous to self or others or
property as defined by N.J.S.A. 30:4-27.2h and .2i, and (3) appropriate facilities or
services are not otherwise available.”

http://www.state.nj.us/humanservices/dmhs/news/publications/clinical_screeng_certif_invol_commitmt_MI_adults.pdf

Relevant state statutes here:
New Jersey Statutes - Title 30 Institutions and Agencies - New Jersey Attorney Resources - New Jersey Laws

 

[vulg4r]

Then they are not in compliance with the law.

http://www.state.nj.us/humanservices/dmhs/news/publications/clinical_screeng_certif_invol_commitmt_MI_adults.pdf

Relevant state statutes here:
New Jersey Statutes - Title 30 Institutions and Agencies - New Jersey Attorney Resources - New Jersey Laws

After reading that, I'm going to try and contact them again. But does this apply even if she hasn't been diagnosed with anything yet?

 

[TheGeekess]

After reading that, I'm going to try and contact them again. But does this apply even if she hasn't been diagnosed with anything yet?

Many people aren't diagnosed until they get committed. My grandmother went after a county sheriff with a hammer back in the 60's.... that earned her a trip to the state mental hospital and finally got her a diagnosis (though at that time everyone was diagnosed paranoid schizophrenic; she was actually bipolar).

 

[vulg4r]

Many people aren't diagnosed until they get committed. My grandmother went after a county sheriff with a hammer back in the 60's.... that earned her a trip to the state mental hospital and finally got her a diagnosis (though at that time everyone was diagnosed paranoid schizophrenic; she was actually bipolar).

I see. Thank you very much for the advice, I'll try and keep everyone updated.

 

[vulg4r]

The crises center still refuses to help us, so I'm not really sure what to do. Does anyone have any advice on how I can get her help?




I'm starting to realize this discussion is straying further and further away from slander. Is there a more appropriate forum i should post in?

 

[quincy]

You are right that this is straying a bit from defamation, unless you want to consult with an attorney in your area about the possibility of suing your mother for the comments she has made about you to others, or unless your father wants to consult with an attorney about taking legal action against your mother over the physical abuse and lies.

In your case, perhaps a cease and desist letter, drafted by the attorney to your mother advising her that should the defamatory statements about you not cease legal action may be pursued against her, could be an effective way of getting her to realize her conduct is crossing a legal line. She may be more amenable to seeking medical help if confronted with the possibility of a lawsuit - not that a lawsuit against her would necessarily be one that could be successful or one that I would necessarily advise you pursue past the cease and desist letter. The attorney you speak with could advise you better on this after a review of all of the facts.

But, trying to get someone committed for a mental health evaluation is not an easy thing to do and, without a clear indication that your mother is a danger to herself or others and the danger is imminent, exploring this route as a way to solve the problems you are facing may be futile. You can see if some of the FreeAdvice experts in the Health section of the forum have some advice for you, however, by reposting your situation and questions there.

I hope that your father is now out of jail and you are back in the house to care for the ferrets. And you may want to think seriously about finding another place to live.

Good luck.