False Allegations of Abuse...

[CJane]

What is the name of your state? N/A

What I'm trying to determine is this: Parents who sling false abuse allegations around, seldom if ever follow up. (w/few exceptions of such things as Munchausen by proxy etc.) Whereas a parent who genuinely believes their child is in danger, files restraining orders, goes to shelters, makes police reports, takes their child to specialists,etc.

Obviously, false allegations are common.

Other than filing for harassment, what recourse is available to the parent/caregiver who is falsely accused? Could this be part of a contempt filing? What are 'we' supposed to DO to try stop the allegations?

 

[escape2paradise]

What is the name of your state? N/A



Obviously, false allegations are common.

Other than filing for harassment, what recourse is available to the parent/caregiver who is falsely accused? Could this be part of a contempt filing? What are 'we' supposed to DO to try stop the allegations?

Not to take over, but I love the question. I keep asking my attorney the same thing. Thus far the advice has been to tell the truth, cooperate and the "truth will set you free". So far it's worked, but why do we have to sit back and take this. It's ridiculous it creates one crisis after another and racks up the legal fees!

 

[casa]

What is the name of your state? N/A



Obviously, false allegations are common.

Other than filing for harassment, what recourse is available to the parent/caregiver who is falsely accused? Could this be part of a contempt filing? What are 'we' supposed to DO to try stop the allegations?

Basically ignore or refute them. ie; accused of drugs? drug test. accused of abuse? allow social services to investigate or take the child to a therapist. (NOT taking a child to a therapist- specifically after allegations of abuse is a HUGE red flag for false reporters)

Some states criminalize false reporting...other states you'd go the Civil Suit route...and in most cases, after repeated false filings- the person is disregarded to a point. It varies depending on circumstances, state & where the parents are at in their Custody/Visitation battle. As we know, parents say many things about one another in Custody Battles.

ie; My X got jerk status in court...since CA had de-criminalized false reporting. Now, he can ONLY go to court if I die or become incarcerated. So, by crying wolf, he's screwed himself out of the opportunity for future modifications (barring a Significant Change in Circumstance)...as well as lost his Joint Legal Custody standing.

A site that has a lot of resources & information re; false allegations of abuse is: www.deltabravo.net

 

[kat1963]

Good luck on that one. We have a father in our non-custodial parents rights group who has spent in excess of 150k (Doctor) trying to defend himself against something(s) that never happened. Looks like he’s winning but not many people have that kind of money. If you have young non-verbal or older children that have been alienated then it’s a very hard road indeed. But I’ve read your posts & if you are talking about CPS reporting that I feel your recourse is to sue in small claims court. It doesn’t sound like your ex is rolling in it so it could be a good deterrent which shouldn’t be expensive to file. Depending on the procedures in your state you might need to prove monetary damages in order to also be awarded additional pain/suffering & punitive damages. You’ll have to research it to find out. I won a 4 k judgment against DH’s ex with monetary damages of $550 for my criminal lawyer consult fee (case not in VA). We were falsely reported to the police who turned it over to CPS too. I sued her for everything including defamation of character. I’ll never see a dime but it’s out there, gaining interest & registered in Ohio where she now lives, screwing with other people’s lives.
If you don’t do something they aren’t going to let up….after all, it’s all done in the best interest of the child(ren) right??...yeah, right.

KAT

 

[casa]

Good luck on that one. We have a father in our non-custodial parents rights group who has spent in excess of 150k (Doctor) trying to defend himself against something(s) that never happened. Looks like he’s winning but not many people have that kind of money. If you have young non-verbal or older children that have been alienated then it’s a very hard road indeed. But I’ve read your posts & if you are talking about CPS reporting that I feel your recourse is to sue in small claims court. It doesn’t sound like your ex is rolling in it so it could be a good deterrent which shouldn’t be expensive to file. Depending on the procedures in your state you might need to prove monetary damages in order to also be awarded additional pain/suffering & punitive damages. You’ll have to research it to find out. I won a 4 k judgment against DH’s ex with monetary damages of $550 for my criminal lawyer consult fee (case not in VA). We were falsely reported to the police who turned it over to CPS too. I sued her for everything including defamation of character. I’ll never see a dime but it’s out there, gaining interest & registered in Ohio where she now lives, screwing with other people’s lives.
If you don’t do something they aren’t going to let up….after all, it’s all done in the best interest of the child(ren) right??...yeah, right.

KAT

It would make jaws drop how much my nuttyX has spent....by the time our daughter was 6 we'd been in court for 4 yrs of it (all combined together). Anytime he couldn't convince anyone of his psychotic fantasies, he'd hire someone else. He went through attorneys, forensic evaluators, Dr's, Lawyers, Indian Chiefs Good news is, he did finally establish a pattern...unfortunately for him, it was that he is a Narcissist

How bad is it when your 4 yr old tells her therapist (when talking about truth vs. lie)..."Oh, My Daddy lies a lot!"

We have public pick up/drop off and very exact and limited contact per Court Order...and he'll still go out of his way to bother/annoy or harass me.

Justice may be slow...but it's not totally blind.