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legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 7440
Experience:  Just Answer consultant at Self employed
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Tx My step kid her mom coached her to say I beat her. The

Customer Question

Tx
My step kid her mom coached her to say I beat her. The child admitted her mom sat her down and told her what to say. Child even admitted to Doctor the mother and other sibling told her what to say.
Can I press charges on the mom.?
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed? What confuses you?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No the cps worker wants to see all my kids and stated she wasn't concerned she knows it's false but has to see my kids before closing case
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 4 months ago.
Category: Criminal Law
Expert:  legalgems replied 4 months ago.

Hello. A few minutes please as I review your question. Please remember, this is a public forum and as such no attorney client relationship is created. This information is for educational purposes only. Only a personal attorney can provide legal advice (as opposed to legal information) to their client, after a personal meeting so they can become acquainted with all of the facts. My services are a cost effective way to obtain information not advice.

Looking forward to assisting you.

Expert:  legalgems replied 4 months ago.

Thank you for your patience; so there is a legal doctrine that is known as "Malicious Prosecution". The required elements that the plaintiff must prove are that defendant:

- intentionally and maliciously (ie with ill will) instituted and pursued, or caused to be instituted or pursued a legal action

- brought without probable cause (ie the person knew or should have known the allegations were false) and

- the case was dismissed in favor of the plaintiff.

Generally damages include economic damages (ie legal fees), damage to reputation, pain and suffering and even punitive damages if the conduct was so egregious that the court wishes to use this as an example to prevent further conduct by defendant or the public in the future.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned 5 stars as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
Can I file charges on her? I saw its felony in Texas to call cps with false. Should cps be called on her for emotional abuse? Mother even made child say she was so scared to come home she wanted to kill herself. The child was sent to hospital but released with in an hour . Child said mom told her what to say. Ist that child abuse? The 7 yrs old didn't even understand what kill yourself means.
Expert:  legalgems replied 4 months ago.

Yes, the malicious prosecution gives grounds to both civil and criminal penalties.

Falsely reporting is a felony but it is difficult to prove that the reporter knew it was false. The criminal standard is a higher burden of proof, whereas the civil standard is lower, so many people will choose to pursue the civil remedy.

This is the definition for emotional abuse:

  • Emotional abuse is an action that results in a marked impact on a child's growth, development, or psychological functioning. Emotional abuse includes extreme forms of punishment such as confining a child in a dark closet, habitual scapegoating, or belittling to the point that it results in noticeable effects on the child's daily functioning.

If one files a complaint with CPS they will evaluate whether the conduct was emotional abuse- the documentation for hospitalization will help prove the case.

Expert:  legalgems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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