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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 85188
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex-wife filed a report claiming I was sexually abusing our

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My ex-wife filed a report claiming I was sexually abusing our 14 year old daughter. My ex did so, IMO, to force me to allow our daughter to leave the state and live with my ex in another state 400 miles away. My ex knew it was baseless, but did it anyway. Is this a felony?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Ely replied 5 months ago.
Hello and thank you for requesting me. I am sorry to hear about your situation.

Can you please tell me:

Have the authorities dropped this investigation of you, or, not yet and are still investigating?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 5 months ago.

I am about to leave for 90 minutes - so here is my answer. I have not asked the authorities to do anything YET. Is is a local issue or should FBI be involved due to interstate actions?

Expert:  Ely replied 5 months ago.
Thank you, J.

1) Because this is not strictly a kidnapping issue, the FBI will likely not get involved. This is a state-jurisdiction matter (the FBI involves itself in federal and multi-state matters).

2) Filing a false report is a crime in Maryland. According to MD. CODE ANN., Crim. Law § 9-501, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

3) In addition, one can file a DEFAMATION claim against her, civilly. Defamation occurs when there is: : (1) a defamatory communication; (2) falsity; (3) fault; and (4) harm. See Shapiro v. Massengill, 105 Md. App. 743, 772, 661 A.2d 202, 216-17, cert. denied, 341 Md. 28, 668 A.2d 36 (1995). This can lead to punitive damages in judgment.

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 5 months ago.

What if the ex is out of state? She is in Georgia. I am in Maryland. What are the remedies?

Expert:  Ely replied 5 months ago.
J,

Remedies for what? What is it that you wish to achieve here:

1) Get managing custody, and/or
2) Get her criminally in trouble for the false claim; and/or
3) Pursue her civilly for the false claim?

Also, please tell me (a) are there any custody/child support orders in place and if so, from which state, and (b) how long has she lived in GA with the children continuously since moving there?
Customer: replied 5 months ago.

I have managing custody by virtue of my daughter lives full time with me. Our divorce agreement calls for her to live in MD. Ex moved to GA two years ago with my son. I want to slap her down criminally so she never tries to besmirch my good name again. In essence, she accused me of being a rapist and a pedifile. This has to stop now. What can the MD police do?

Expert:  Ely replied 5 months ago.
John,

I think you may be misusing the term "managing custody." In any case you clearly do not have custody per se because the children are with her.

So do you WANT custody? Or, not?

Also, please, can you tell me:

Also, please tell me (a) are there any custody/child support orders in place (and if so, who is the formal main custodian per the decree regardless of who the children actually are living with - you or her), and if so, from which state, and (b) how long has she lived in GA with the children continuously since moving there?
Customer: replied 5 months ago.

We have 50/50 custody, however three years ago my daughter came to live with me full time. Two years ago, my ex moved to Atlanta with my son. MD is the state where the divorce took place. We have a specific clause in our divorce agreement stating the children shall be raised in Montgomery County, MD. My son, then 16, went with my ex to Atlanta because of parental alienation (mom made son hate dad).


 


Does this answer it?

Expert:  Ely replied 5 months ago.
Almost, thanks! Sometimes, it is hard to communicate via this medium. Your patience is appreciated.

The term 50/50 custody is misleading. In reality, one parent almost ALWAYS has more control (i.e. the child spends more time with them, or, they get to make decision re: health/education), etc.

Was this you or her?

If HER, do you want to change this to you? Or your primary concern is simply the defamation, and not custody?
Customer: replied 5 months ago.

Custody and decision making is not the problem. Ex has abandoned daughter. Daughter is with me and all is well.


 


I am just tired of "catching darts" thrown by ex. I want a criminal charge against her so she will not do it again.

Expert:  Ely replied 5 months ago.
John,

Ah, okay, thank you. In that case, we will abandon the custody issue.

Once her allegations are proven false and/or the investigation is dropped since there is no evidence, then the criminal complaint against her for this false allegation would be filed with the state where she filed the complaint from. If from, MD, then in MD, and the original complaint stands.

If she filed this false allegation from GA, then in GA. In GA, this is a crime under GA. CODE ANN. § 16-10-26, and is punishable up to year in jail and a $1,000 fine.

Often, if the authorities in the jurisdiction that is applicable feels that she made this up, they can pursue charges even without a criminal complaint initiated by you, although it would certainty help.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 85188
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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