Malicious prosecurion and abuse of process

[microbes]

Malicious prosecution and abuse of process

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

I told my ex-wife that I wanted out of the marriage, the following day, she went to the authorities and filed false allegations of sexual abuse against my kids. 2 different hospitals checked out my kids and both were found negative of any abuse, a third specialist also cleared my children of any abuse.

DCFS investigated me and interviewed my kids and the case was dropped after a week, the local police still has a pending case which is ridiculous because it has been a year. They only interviewd me once.

I didn't see my kids for 4 months because she filed for and emergency order of protection in one county which was later dismissed then filed at another county. It wasnt till I filed for divorce and temporary custody that I was given visitations. During the temporary custody trial, she lied so much and her attorney encouraged her to do so. The guardian ad litem involved also found the custody in my favor after her extensive investigation. I won the temporary custody.

During the whole process of the false allegations, my rights as a parent was severly violated by her and by the authorities. I was treated like an animal and was referred to by the secretary at the dcfs facility as a predator. I didn't have any contact with my kids up until I got a visitation order 4 months later.

This whole ordeal has been a huge financial strain where I now have spent, borrowed and owes a total in the six figures. NO JOKE!!!

I was called a molester, a predator, a pedophile, my neighbors freak out when they see me because of what they had told them. My older child is even going to therapy now due to issues related to my x, the divorce and them being taken away from home.

My x has a long pattern of depression and non-compliance for treatment well documented and collected by the guardian ad litem. She was even suicidal at one point. I was able to prove in court that there are serious concerns about her mental sability and is now on supervised visits which she has violated repeatedly and could be facing jail time if convicted of violating the order. I have offered to settle several times but she wants to keep fighting this in court. I now have temporary custody of my children.

There is a clear and obvious case for malicious prosecution I feel due to the fact that the allegations were all done to gain an upperhand in a custody battle that is now happening. I also feel that her allegations have been proven to be untrue by several agencies, a number of medical experts and procedures, 2 different counties, 3 different judges and a guardian ad litem that had access to everything, medical records, work history and even the children.

How do I file for this? Is this in family courts or civil? It has been a year since the allegations were filed but from my understanding, I have 2 years as a statute of limitations to file within.

Is there a criminal case that I could build for her taking both children, one of which was not her biological child and keeping the child away from me with no communication or even whereabouts which she openly admitted in court later on and stated she intentionally kept their whereabouts from me. She did however had an emergency order of protection that I guess legally protected her and my kids from me but that OP was obtained under false pretenses and commital of perjuries. Is there anything criminal I can file for that? My child, the one that's not her biological child was held against his will for an extended amount of time asking to be sent home and my x-refused.

 

[quincy]

To bring a malicious prosecution suit there actually must be a suit that was maliciously prosecuted, with no probable cause for pursuing the suit, and the suit must have been terminated in your favor (through a finding of not guilty or upon a motion for summary judgment or with a formal entry on record indicating that the prosecuting office will not pursue the charges that were filed).

From what you have posted here, it does not sound as if you have ever been formally charged with a crime. It only sounds as if one could potentially be pending. Therefore, there is no malicious prosecution suit you could file, either against the charging agency or your ex-wife (at this time).

Complaints filed on, and investigations into, allegations of child abuse cannot generally support a legal action by the person who is the subject of the complaint or the investigation. These reports and investigations are covered by privilege (an immunity from prosecution). You must be able to prove actual malice (an intent to harm) existed with the filing of a knowingly false complaint (or a reckless disregard for the truth or falsity), in order to defeat this privilege, and this is extremely difficult to do.

Although I understand you have had legal expenses in the multi-thousands of dollars already, your custody issues and the issues with your ex-wife's claims against you are really best handled by an attorney in your area who knows all of the history and all of the facts of your situation. Whether any legal action (such as a defamation suit if accusations were made outside the legal arena) could be pursued, or would be worth pursuing, will depend on all of these facts.

I wish you good luck. What you have experienced and are experiencing is, unfortunately, not all that unusual when it comes to divorce and custody cases.