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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32369
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My neighbor got too attached to my children and didnt ...

Customer Question

My neighbor got too attached to my children and didn't want them to move away. She took me to CPS and tried to prove I was an unfit mother (far from it), and now, because she has no other way to make them her own, has been calling and harrassing our family threatening to follow us all over the USA (we are moving to McClean, VA) and keep aware of our family and children til they are 18. Can I file a restraining order to keep her from calling and threatening?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 8 years ago.
It sounds like this is a prime case for an injunction and/or restraining order.

You will need an attorney to help you with this because the rules for injunctions are very procedurally oriented and hard to get done correctly, but I think it is very likely you will get the injunction you are requesting.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Customer: replied 8 years ago.
Thank you. For innocent (and I mean really innocent) parents accused of neglect in CA, we are trashed and then left to pick up our own pieces of our lives. I have 6 lovely children and am a hardworking mother. We are a hardworking Mormon family and til now, have had a beautiful family life. Not only was this devastating, I am a nervous wreck from it... and my children need lots of counseling...which I have had to pay for. My husband has also been humiliated just from the accusations (which were completely unfounded). I wish I could sue CPS for damages!
Expert:  Dwayne B. replied 8 years ago.
You will have a hard time suing CPS but you may be able to sue the neighbor. Ask the lawyer that is going to help you with the injunction.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.