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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Criminal Law
Satisfied Customers: 1514
Experience:  Practicing Attorney with 10 years experience
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I'm trying to help my fiancé with her malicious ex who has

Customer Question

I'm trying to help my fiancé with her malicious ex who has made his 4th false report of child abuse to Children And Youth. The official from the agency got admission from the child that it was not true.
This has to stop. He must be held accountable and in PA is there room to file a charge with law enforcement / district attorney and a civil suit for defamation and abuse of process? Seeing the emotional distress it has placed on my fiancé I'd even be open to filing for personnel distress, but would that charge and and other charges be done through the DA or an attorney ? And what type of attorney would deal with a civil case? Thank you
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Asad Rahman replied 5 months ago.
I am sorry to hear this and unfortunately this sort of retaliatory conduct is typical in these family situations. yes, you could file for defamation and harassment in civil court but it is unclear what the judge would award as damages. They usually do not just pay for emotional distress. They usually want some actual damages. She could ask for a restraining order. She could also pursue a harassment claim with the district attorney but it is not likely to be taken very seriously as they will view it as a civil matter. The other option is to file for a claim in the family court that granted the divorce about the harassment and abuse taking place. That may be the simplest method using the attorney who helped with the divorce.
Customer: replied 5 months ago.
Sorry they were not married. But Harrassment when False Reporting Of Child Abuse is a specified offense with a number and code, that would be two separate charges , no?
Maybe an "Abuse of Process" charge ? Also a specified charge with a number code
Expert:  Asad Rahman replied 5 months ago.
Yes, I typically allege anything and everything I can. You could add fraud as well both in the civil context and the criminal context.

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