My husband's ex-wife has called CPS for the fourth time in four years. Everytime she and her new husband get mad at anyone, they take it out on us. EVERY single time she has called CPS they have cleared us and according to them "chalked it up to sour grapes". This newest call will go the same way. My question is.can we pursue legal charges against his ex-wife for making false claims? Can this be done thru CPS? Because I know someone will ask this I will answer ahead of time..we know it is her because everytime she has gone into a rage and gotten mad about something frivolous (like a child's item forgotten at our home she claims we are refusing to return property and calls her lawyer) we subsequently and "coincidentally" get a CPS charge filed within 3-5 days on some other issue. The latest is that we "physically abused" our kids by "playing too rough in the pool". How can we make this harassment stop?
Answers:
Document, Document, Document! The best thing you can do is keep a diary of the incidents as they happen (arguments over petty stuff, what was said to you and your husband, any threatening language that was made especially, etc). Also in that same diary, keep a timeline of when CPS was called, what was said to you about the complaint, if the ex-wife is named as the complainer or tells anyone (mutual friends, etc) that she called CPS on you.
Once you have accumulated enough circumstantial evidence you can file in small claims court for harrassment. The burden of proof in small claims is less than in criminal court, so instead of prooving beyond a reasonable doubt, you basically only have to prove it was most likely her. You can do this by keeping acurate notes/records of the incidents as they happen and the coorelation to the timeline of the CPS complaints. Of course all the results of the CPS complaints also need to be dismissed for no merit. If any of what you are being accused of is true, then it's not harrassment.
You can attempt to complain to CPS, but they have an obligation to investigate each complaint and even if they suspect that the ex is just on a witch-hunt, they aren't going to do anything about it. So if I were you, I would be patient and let her have enough time to continue this pattern for a while so you will have something to take to court. Maybe if she ends up getting saddled with a hefty harrassment charge, she will get the picture that you guys aren't going to take it anymore. To further help your case, I would make it known that the money you win from any judgement will be put into a college fund for your kids or something like that. The point is to get her to stop harrassing you, not to look like you are just after money.
Good Luck!
Good luck. 90% of reports to CPS are false, but the overzealous whack jobs who work there prosecute each and every one regardless of fact or common sense.
And they operate completely outside of constitutional law. You are guilty until proven innocent.
You are guilty until proven innocent. Good Luck!
wow sounds like ya'll have alot of excess baggage when it comes to her.I would consider either moving or just asking a lawyer to investigate and see if they cant get her proven as unfit...stop telling her anything and what ever comes out of this is going to effect the child ask the child how he or she wants to handle this,amd get a lawyer quick.. when she sees that you all are through game playing she will stop..I promise
Yes and I do know of a family in the same predicament! This guy's ex wife reported him to Catholic Charities and Child welfare giving the Cat the same status as a child. She made them think it was a real child and not a cat. Once he produced Veterinary records it was all over! He was hauled into court not just for abuse but for "child welfare/child support". Take her to court and sue her on criminal and civil charges for Slander, defamation of character. Maybe they will see through her as they did in his case. File harrassment and intimidation charges with the local police department, get a restraining order. Once she is facing criminal charges that can be proved with the other false documents, she will stop. That is a criminal offence using the courts with false charges! Keep every document, phone call and make it stick. Good luck.
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